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(영문) 대법원 2020.10.15 2019두40345
부당징계구제재심판정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

Reasons

The grounds of appeal are examined.

1. The first instance court determined that the legitimacy of the second strike purpose cannot be denied, on the grounds that it is evident that wage agenda, such as wage negotiations, in 2013, is one of the primary purposes of the second strike, and that pending issues such as withdrawal of disciplinary damages and provisional seizure against members of the BM union, withdrawal of circular transfer and opposition against the first person working on board, etc. are included in the second strike purpose. However, if excluded, it is not recognized that the second strike did not reach the second strike.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by misapprehending the legal doctrine on the legitimacy of the purpose of industrial action, contrary to what is alleged in the grounds of appeal.

2. The second ground for appeal

A. The lower court determined that, in full view of the series of processes from the proposal of the 2013-201-201 wage agreement to which the two strikes were carried out without going through the vote for and against union members, it was reasonable to view that there was a pro-con voting for the two strikes as to the two strikes, since there was a disagreement between the Plaintiff and the two labor unions with respect to the agreement on wages in 2013 at the time of the pro-con voting for union members, and one of the primary purposes of the second strikes was the wage negotiations in 2013, since there was an agreement on wages in 2013.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by misapprehending the legal doctrine regarding the procedure for industrial action, contrary to what is alleged in the grounds of appeal.

B. Whether a trade union erred during the period of voting for and against the trade union (1) the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) stipulates that a trade union shall follow the procedure of obtaining consent from a majority of the union members by direct, secret, and unsigned ballot when conducting

Article 41 (1) shall aim at the autonomous and democratic operation of a trade union and workers taking part in an industrial action after the fact.

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