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(영문) 서울고등법원 2016.09.30 2016누33782
교섭단위분리결정 재심판정취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. The reasons why this court should explain concerning this part of the decision of reexamination are the same as the corresponding part of the judgment of the court of first instance (as stated in the judgment of the court of first instance from 3 to 3, 200) (However, the entry in the " Jeju Special Self-Governing Province" is all referred to as "an intervenor"), and therefore, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act, the main sentence of Article 420 of the

2. Whether the decision on retrial of this case is legitimate

(a) as shown in the Attachment of the relevant statutes;

B. Determination 1) Relevant legal principles and Labor Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

Article 29-2(1) main text of Article 29-2(1) of the Trade Union Act provides that “where there are not less than two trade unions which establish or join a single business or workplace regardless of its structural form, a trade union shall request the negotiation by determining a representative bargaining trade union.” Article 29-3(1) of the Trade Union Act provides that “The unit that shall determine a representative bargaining trade union pursuant to Article 29-2 of the Trade Union

shall be one business or place of business.

The Labor Relations Commission may decide to divide a bargaining unit upon the application of both or either of the parties to labor relations where it deems it necessary to divide a bargaining unit in consideration of a significant difference in working conditions, type of employment, bargaining practices, etc. in a business or one place of business, notwithstanding paragraph (1).

"........"

In light of the language and text of the above provision and the nature of the judgment action on the necessity to separate the bargaining unit, the Labor Relations Commission shall have a reasonable discretion in determining whether to separate the bargaining unit, but the Labor Relations Commission shall conduct collective bargaining by separately separated bargaining units based on the facts recognized by objective data in exercising its discretion.

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