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(영문) 광주지방법원 2015.01.15 2014가합53686
교섭대표노동조합지위확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties’ status as the Defendant CoAors Co., Ltd. (hereinafter “CoAors”) are a company manufacturing the engine frame of motor vehicles, using 74 regular workers, and Defendant Co., Ltd. (hereinafter “CoAD”) uses 55 regular workers as a company manufacturing the engine parts of motor vehicles.

The Plaintiff is a national-level industrial trade union consisting of workers engaged in the metal industry and metal-related industries. On November 19, 2012, some of the workers belonging to the Defendants were admitted as its members.

B. On November 19, 2012, the Plaintiff entered into a collective agreement in 2013, the Plaintiff demanded the Defendants to conduct collective bargaining. The Defendants publicly announced each demand for bargaining pursuant to Article 14-3(1) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act (hereinafter “Enforcement Decree”), and on December 6, 2012, publicly announced that the trade union requesting bargaining is the Plaintiff pursuant to Article 14-5(1) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act.

On March 21, 2013, the Plaintiff’s collective agreement between the Defendants on March 21, 2013 (hereinafter referred to as “collective agreement of 2013”) with the term of validity as of March 31, 2014.

AB concluded the agreement.

C. On the other hand, the CoCoA-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-

Plaintiff

On January 10, 2014, when the Plaintiff demanded collective bargaining from the Defendants pursuant to Article 14-2(1) of the Enforcement Decree, the Defendants publicly announced the fact that the Defendants were required to do so. The Defendants also demanded collective bargaining on January 13, 2014 and January 14, 2014.

Pursuant to Article 14-5(1) of the Enforcement Decree of the Act on January 18, 2014, the defendant's co-ordification calls for negotiations between the plaintiff and the co-ordiv trade union, and the plaintiff and the co-ordiv trade union respectively.

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