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(영문) 대법원 2016.03.10 2013두3160
단체협약시정명령취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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 assertion of misapprehension of the legal principles regarding the provision of facilities convenience, Article 81 subparag. 4 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) prohibits “the act of an employee’s organization or operation of a trade union or the act of providing wages to the full-time officer of a trade union or assisting the operation expenses of a trade union” from engaging in unfair labor practices. The proviso of the proviso exceptionally allows “the act of allowing an employer to conduct an activity under Article 24(4) during working hours, the act of contributing funds to the employee’s welfare fund or economic inequality, or other acts of providing a trade union office of a minimum size.”

In full view of the contents of the above provision and the legislative purport of the provision related to the Trade Union Act that prevents an employer from being economically subordinate or commercialized by a trade union, and securing the independence of a trade union, the act of subsidizing operating expenses regularly or regularly conducted beyond the permissible scope pursuant to the proviso of Article 81 subparag. 4 of the Trade Union Act shall be deemed as an act of providing wages to the full-time officer of a trade union, as well as an act of providing wages to the full-time officer of a trade union, which is prohibited by the main sentence of Article 81 subparag. 4 of the Trade

(See Supreme Court Decision 2012Du12457 Decided January 28, 2016, etc.). The lower court determined that each of the instant provisions providing convenience to a trade union (Article 12 of the Natech collective agreement of a stock company, etc.) provides vehicles, oil expenses, etc. to the trade union and bears the management and maintenance expenses, etc. of the office of the trade union, Article 81 of the Trade Union Act.

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