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(영문) 대법원 2017.04.07 2013두16418
부당해고및부당노동행위구제재심판정취소
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

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

1. As to the Plaintiff A’s ground of appeal

A. We examine the first ground for appeal.

1) In order for an industrial action to be a justifiable act under the Criminal Act, the first person shall be a party to collective bargaining. Second, the purpose of the industrial action shall be to create autonomous negotiations between labor and management to improve working conditions; third, the industrial action shall go through the procedures prescribed by the Acts and subordinate statutes, such as the consent and decision of union members, unless there are special circumstances. Fourth, the means and method should be in harmony with the employer's property rights, as well as the exercise of violence (see, e.g., Supreme Court Decisions 97Do588, Jan. 20, 1998; 99Do4837, Oct. 25, 2001). Meanwhile, the court below should have determined whether the industrial action is justifiable by the legitimacy of the main or genuine purpose of the industrial action, and if it is deemed that the industrial action has not been conducted for an improper period of time, the industrial action should not be deemed to have been conducted within the entire Supreme Court Decision 2006Do1678, Oct. 27, 2006).

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