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(영문) 대법원 2016.04.15 2013두11789
단체협약시정명령취소
Text

The judgment below

Of the judgment below, the part concerning Article 10 of the collective agreement shall be reversed, and this part of the case shall be applied.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning and record of the lower judgment regarding the Plaintiff’s grounds of appeal as to Article 1 of the collective agreement in the lower judgment, it is evident that Article 1 of the instant collective agreement is the only labor organization that only the Plaintiff, who directly concluded a collective agreement with the employer as an industrial unit trade union, is able to conduct collective bargaining, and any other labor organization is not recognized. Thus, it is in violation of Articles 5 and 29(1) of the Trade Union Act by infringing on the workers’ right to organize and join a trade union and the right to collective bargaining, and the purport of the said provision is merely the organization that represents the Plaintiff’s members

In the same purport, the court below rejected the Plaintiff’s assertion as to the interpretation of Article 1 of the collective agreement of this case, and determined that the Defendant’s corrective order was lawful on the ground that the above provision violated Articles 5 and 29(1) of the Trade Union Act. In so doing, the court below did not err by misapprehending the legal principles on the interpretation of the collective agreement provisions or the validity of the agreement provisions

2. As to the grounds of appeal by the original Defendant on Article 13(3), the proviso to Article 14, Article 16(1), and Article 81(2) of the collective agreement of the lower court, the lower court, based on its stated reasoning, is in violation of Article 24(2), (4), and Article 81 subparag. 4 of the Trade Union Act, and thus, the Defendant’s corrective order is lawful. However, the former proviso to Article 14 of the collective agreement of this case, which provides that the treatment of the predecessor shall be given when a member takes full-time office, such as an organization recognized as a labor-management agreement, is legitimate.

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