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(영문) 서울중앙지방법원 2014.04.11 2013가단185407
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff’s association is a national industrial trade union established with workers, etc. in the nationwide metal industry and metal-related industry, and has its subdivisions (hereinafter “instant subdivisions”) in the Defendant company. The Plaintiff’s subdivisions and Plaintiff B are the chief site presidents of the instant subdivisions and the Plaintiff’s chief site presidents of the instant subdivisions.

B. On June 30, 2010, the Plaintiff Union and the Defendant Company concluded a collective agreement and drafted a collective bargaining agreement in 2010 incidental thereto, and the main contents thereof are as follows.

Article 12 (Honorable Treatment of Full-time Executives and Executive Officers of Collective Agreement)

1. A company shall pay all the wages and other salaries of its predecessor at least the average wage of the same continuous service;

Article 14 (Use of Company Facilities)

1.The Company shall allow the use of facilities only within the premises of the Company to be used by the Company by the Company, and such facilities shall be available to the Company for meetings, education and events.

Provided, That the use of facilities shall obtain prior approval from the company.

2. In principle, a company shall provide an association with convenience when it requests the use of meeting, education, or place for events, or vehicles;

Article 81 (Validity Term)

1. The term of validity of this Convention shall be from April 1, 2010 to March 31, 2012.

3. No new collective agreement may be concluded with respect to all the matters, including the lapse of the term of validity;

Even until a new collective agreement is concluded, this collective agreement has effect.

Collective bargaining Agreements, 2010

(e) Guarantee of fundamental labor rights;

1. Full-time officers and full-time officers (including treatment) and union activities shall be guaranteed to be at least the current collective agreement that remains effective until March 31, 2010;

(1) Full-time treatment: A company shall pay all the wages and other salaries to the company at least the average wage per hour.

Dor Expenses: branch chief, 600,000 won per month;

F. Other

2. An agreement annexed to Article 14 of the Collective Agreement (Provision of Convenience) shall be the management expenses and the president of the Trade Union and Labor Relations Management Office, the expenses for the maintenance of the occupational office, the expenses for the provision of convenience.

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