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(영문) 서울서부지방법원 2020.11.19 2019가합35087
손해배상 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Status 1) Plaintiff B Trade Union (hereinafter “Plaintiff Trade Union”)

(2) The Plaintiff’s trade union (hereinafter “Defendant’s merchants association”) is a trade union in which a worker engaged in loading and unloading in the R market is a member of the Plaintiff’s trade union and has been engaged in cargo supply business in the R market with the permission of the labor supply business. The remaining Plaintiffs are members of the Plaintiff’s trade union.

PTrade Union Q division (hereinafter “Defendant Branch”) is a trade union organized by some of the members who have withdrawn from the Plaintiff’s trade union.

B. On June 13, 2017, the Plaintiff’s trade union and the Defendant’s merchants’ association on the conclusion of the instant collective agreement and the agreement on the schedule of wage agreement (hereinafter “instant collective agreement”) regarding the provision of loading and unloading workers on the R market by the Plaintiff trade union (Evidence A2; hereinafter “instant collective agreement”).

(2) Article 8 of the collective agreement of this case provides that the cost of loading and unloading goods and all kinds of working expenses shall be determined through mutual consultation.

Plaintiff

A trade union and the defendant's merchants' association have agreed on the load rates by certain size and weight for each type of bond in the R market, and have documented in the name of "," and "," of the Agreement on Loading and Unloading Wages," and part of the loading and unloading wage schedule.

3 The Plaintiff trade union supplied the merchants of the R market as a member of the Plaintiff trade union to the shipper on the basis of the unit price under the above wage agreement table.

The remuneration for labor is not the loading and unloading worker who supplied labor, but the plaintiff trade union received it in lump sum from the merchants, and the plaintiff trade union paid the remaining amount after deducting the union expenses, etc. to the union members who provided labor in accordance with internal standards.

(c)the occurrence of disputes on the wage agreement chart and the defendant;

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