2012Kahap1321 Disposition of collective bargaining failure

1. A national school non-regular trade union;

Yeongdeungpo-dong 5, Yeongdeungpo-gu, Seoul 49 - 1 Hyundai Flaz 201

Representative Park Jae-young

2. National trade unions for public transportation, social services, and services;

Seoul Yeongdeungpo-gu 739 - 4 Iron-dong

Representative or higher-ranking

Creditor Law Firm Han, Attorney Lee Dong-hwan, Counsel for defendant-appellant

1. Daejeon Metropolitan City;

Daejeon Seosan-dong 1294

Seo-gu Daejeon District Court Decision 89 (Jinsan 2, Dong 1294)

Representative Kim Shin of the superintendent of education

Han field Law Firm, Attorneys Park Jong-young, Counsel for the plaintiff-appellant

2. Chungcheongnam-do; and

Hong-gun, Hong-gun, Hong-gun 21

Service Place, Daejeon-ro 234, 34 (Cultural Dong 279 - 2)

Representative Kim Jong-sung

Attorney Kim Jong-deok, Counsel for the plaintiff-appellant

February 15, 2013

1. The debtors will faithfully implement the procedures for the simplification of bargaining windows, such as the list in the attached Table, by publicly announcing the fact of the obligees' request for bargaining on April 4, 2012 at all places of business within bargaining units, such as public elementary schools, middle schools, high schools, special schools, etc. for seven days.

2. The enforcement officer shall give public notice of the purport of the above order in a proper manner.

3. In the event that the obligor does not perform the above obligations, the obligor shall pay each of the above obligations to the obligees 500 per day of delay per day until the obligor performs the above obligations.

4. The obligees' remaining claims are dismissed, respectively.

5. The costs of the lawsuit shall be borne by the obligor.

Except for the case of seeking indirect compulsory payment of KRW 5,00 per day of delay per day, KRW 00 per day, the same as the order.

1. Facts of vindication;

In full view of the overall purport of records and examinations, the following facts are recognized:

A. The creditor's national school non-regular workers' union (hereinafter referred to as "national school non-regular workers' union") mainly covers non-regular workers working at elementary, middle, and high schools nationwide, and the creditor national public transportation and social service trade union is a trade union established mainly with workers working at national public agencies, and includes school accounting staff who support education, meals, administrative affairs, etc. at various public schools.

B. A creditor’s national school expenses union requested, January 31, 2012, 2012, the obligor Chungcheongnam-do, the obligees, and the obligees, the obligor Daejeon Metropolitan City, Daejeon Metropolitan City on April 4, 2012, requesting negotiations to conclude a collective agreement in 2012. However, the obligor did not publicly notify the fact of requesting negotiations by refusing the obligees’ request for negotiations on the grounds that the obligor is the principal of an individual public school that is not a local government.

C. The obligees filed an application for rectification with the Chungcheongnam-do Regional Labor Relations Commission, and the Chungcheongnam-do Regional Labor Relations Commission rendered a decision on April 5, 2012 against the obligor, and on July 19, 2012 against the obligor Daejeon Metropolitan City, the obligor made a public announcement of the obligor’s demand for negotiations to the National Labor Relations Commission. The obligor dissatisfied with each of the above decisions and filed an application for re-adjudication with the National Labor Relations Commission, but each of the requests for re-adjudication was dismissed.

D. The debtor filed a suit against the National Labor Relations Commission for revocation of the retrial decision (the debtor Chungcheongnam-do, the Seoul Administrative Court 2012Guhap15555, the debtor Daejeon Metropolitan City, the Seoul Administrative Court 2012Guhap28346). The Seoul Administrative Court publicly announced the debtor Chungcheongnam-do on January 18, 2013 for the debtor Chungcheongnam-do, and on January 15, 2013 for the debtor Daejeon Metropolitan City, the court rendered a judgment dismissing the debtor's respective claims on the grounds that the debtor is not the principal of an individual public school, but the debtor is the local government.

2. Determination

In full view of the above facts, it is reasonable to see that the debtor has an obligation to implement the procedures for simplification of bargaining windows, such as publicly announcing the fact of the creditor's request for bargaining in accordance with the relevant laws and regulations. Considering that the debtor has an obligation to implement the procedures for simplification of bargaining windows as shown in the attached Table, and that the non-party continues to refuse the creditor's request for collective bargaining for a long time, the creditor's request for provisional disposition

However, in consideration of the overall circumstances in the instant case, indirect compulsory performance shall be set at KRW 500,00 per day of delay per day.

3. Conclusion

Therefore, the obligees' motion of this case is justified within the above scope of recognition, and the remaining motion is dismissed as it is without merit. It is so decided as per Disposition.

Justices Kim Jong-soo et al.

Judges Park Jong-il

Judges Kim Jong-tae

[Attachment]

A person shall be appointed.