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(영문) 광주지방법원 2020.12.11 2019가단542757
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The party status 1) Plaintiff A Trade Union (hereinafter “Plaintiff Union”)

) As an industrial trade union at a national level established with the organization of workers engaged in the fields related to public, transportation, and social services, under its control, the Defendant Incorporated Foundation (hereinafter referred to as the “Defendant Foundation”).

A) An AI branch consisting of its employees. The rest of the Plaintiffs are the employees of the Defendant Foundation who have joined the above sub-branch. 2) Defendant Foundation is a corporation that performs the duty of investigation, excavation, management, etc. of cultural heritage, and Defendant AJ is the representative of the Defendant Foundation.

B. 1) The Plaintiff Union and the Defendant Foundation commenced collective bargaining on January 14, 2019 for the purpose of concluding a collective agreement. The Plaintiff Union and the Defendant Foundation delegated their respective negotiating authority to the president of the Defendant Foundation and to the president of the Defendant Foundation and the head of the administrative support division (Provided, That the Plaintiff shall be the representative bargaining committee, and the conclusion of the collective agreement shall be the representative bargaining committee). Accordingly, the said working-level negotiating committee shall provisionally enter into the agreement on April 26, 2019 (hereinafter “provisional agreement”) on March 26, 2019 through three-time working negotiations (hereinafter “provisional agreement”).

2) Defendant AJ attended the collective bargaining with the Plaintiff Union on May 13, 2019 and expressed its opinion that the contents of the provisional agreement prepared by the negotiating members on April 26, 2019 cannot be accepted to the Defendant Foundation on the grounds that the contents of the provisional agreement prepared by the negotiating members are too unfavorable, and collective bargaining between the Plaintiff Union and the Defendant Foundation was displayed.

3. Accordingly, on June 11, 2019, the Plaintiff Union requested the Defendant Foundation to conduct collective bargaining between representatives who are not working-level negotiating members and representatives who attend the collective bargaining meeting. Defendant AJ shall not attend the meeting when the president AL attended the collective bargaining meeting and the president AL participates in practical bargaining, and when the Plaintiff Union becomes aware of the agreement as a proposal to present the Defendant Foundation.

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