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(영문) 서울행정법원 2014.10.16 2013구합7742
단체협약시정명령취소
Text

1. The Defendant, on December 19, 2012, Plaintiff A to the Korea Trade Union for Public Transport and Social Services.

Reasons

1. Details of the disposition;

A. The Plaintiff’s workplace labor union (hereinafter “Plaintiff’s union”) is a company-level trade union established within the National Health Insurance Corporation (hereinafter “Corporation”), and the Plaintiff’s national public transportation and social service trade union A (hereinafter “Plaintiff’s branch”) is a branch under the national public transportation and social service trade union, which is an industrial trade union, the members of which consist of workers in the public and social service sector.

around November 2012, there were 3,400 members of the Plaintiff’s association, 6,300 members of the Plaintiff’s association, 10 regional headquarters and 146 regional headquarters of the Plaintiff association, and 12 regional branches of the Plaintiff association and 234 regional branches of the Plaintiff association.

B. On March 21, 2012, the Plaintiff’s branch notified the Corporation that B was elected as the chairperson of the Plaintiff’s branch’s emergency countermeasures, and the chairperson of the public transportation labor union delegated on March 29, 2012 matters concerning negotiations of collective agreements concluded between the Public transportation labor union and the Corporation.

B signed a collective agreement with the Corporation on April 6, 2012, which includes the following (hereinafter referred to as “First Organization Convention”) and the First Organization Convention signed and sealed the seal in the name of the public transportation labor union:

In addition, on April 15, 2012, the limit of working hours exemption was agreed 14,00 hours.

[Specialized] Under the fundamental spirit of the Constitution and labor-related laws, the Corporation and public transportation labor unions concluded a collective agreement with the aim of realizing the promotion of the welfare of union members under the principle of trust and good faith, and agreed that both parties comply with and implement the collective agreement.

Article 1 (Negotiating Parties) Partnership is an organization that negotiates wages, labor conditions, and other matters for the members of the Plaintiff's branch office.

Provided, That this shall not apply where the association delegates it to the plaintiff's branch and higher organization.

Article 16 (Activities of Associations during Work Hours) (1) Cooperative activities shall be performed during off-duty hours.

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