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(영문) 서울고등법원 2016.10.19 2016누48234
교섭단위분리결정재심판정취소
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' claims are dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. The reasoning for this part of the decision by the court concerning this case is that the corresponding part of the judgment of the court of first instance (Articles 8 through 4, 9) is the same as that of the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act.

2. Whether the decision on retrial of this case is legitimate

A. The plaintiffs' assertion that there is a substantial difference between the public official workers in other occupations and the working conditions, and there is a difference in the employment form, and there is a practice in which the participants and individual negotiations have been conducted, satisfying all objective requirements for separation of bargaining units.

In addition, if working conditions, etc. are maintained by a single bargaining unit with different street cleanerss, it is highly likely that it will make it difficult to conduct collective bargaining in the future and undermine the stability of labor-management relations.

Therefore, the review decision of this case, which dismissed the plaintiffs' application for separation of bargaining units on different types of work from the street cleaners, should be revoked illegally.

B. Determination 1) The Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

The main sentence of Article 29-2 (1) of the Trade Union Act provides that "where there are not less than two trade unions which have established or joined in one business or workplace regardless of its structural form, a trade union shall request the negotiation of a representative bargaining trade union by determining a representative bargaining trade union." Article 29-3 (1) of the Trade Union Act provides that "the representative bargaining trade union shall be decided pursuant to Article 29-2 of the Trade Union Act.

each business or workplace shall be one business or workplace.

The term "a project" in paragraph (2) of the same Article shall be defined as "a project, notwithstanding paragraph (1)."

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