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(영문) 광주고등법원(전주) 2014.12.11 2013나2639
임금 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall be divided into the 1st son and the 2nd son.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the respective descriptions of Gap evidence Nos. 1 through 6, 14, 15, 16, 18, 19, 33, Eul evidence Nos. 3, 10, 11, 39 (including paper numbers; hereinafter the same shall apply) and the whole purport of pleadings:

The parties concerned are companies running passenger transportation business, etc. at the Jeonju City, and the plaintiffs et al. are drivers who provide labor under employment by the defendant and have joined the National Union of Public Transport and Social Services (former National Union of Transport and Social Services; hereinafter referred to as the "Korean Union of Transport and Social Services") affiliated with the National Federation of Public Transport and Social Workers' Unions (Korean Union of Transport and Social Services; hereinafter referred to as the "Labor Union of this case").

B. Collective bargaining and industrial action from around 2010; 1) Jeollabuk-do is an industrial union consisting of workers engaged in the land transport business or any incidental business related thereto from before the union of this case, and is affiliated with the Korean Motor Vehicle Trade Union under the Korean Motor Vehicle Trade Union Federation affiliated with the Korean Motor Vehicle Trade Union Federation (hereinafter “former Motor Vehicle Union”).

2) The bus companies in the former North Korea including the Defendant (hereinafter collectively referred to as “busing companies”) concluded a collective agreement with the former North Korean Automobile Management around June 2010, with the bus companies in the former North Korea including the Defendant.

3) Since a bus company entered into a collective agreement as above, part of workers belonging to the company entered into the labor union of this case, and the labor union of this case continuously demanded collective bargaining since around that time to enter into a collective agreement with bus company. However, bus companies had already been in existence, and the labor union of this case is currently currently under the old Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

(b) be established under this subsection.

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