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(영문) 대전지방법원 2018.02.20 2017구합101880
과반수 노동조합에 대한 이의결정 재심판정 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

The trial intervenor was established on February 23, 2002 and operated a hotel with approximately 100 full-time workers (hereinafter “instant hotel”). On November 18, 2016, the Plaintiff is a company unit trade union affiliated with the National Labor Union Federation of Services Industry established on about 60 workers working at the instant hotel, and the non-party trade union was a regional unit trade union established on May 9, 2006 for workers working at the workplaces in the Gwangju-nam area. On November 19, 2016, the non-party trade union was a regional unit trade union established on behalf of workers working at the workplaces in the Gwangju-nam area. The non-party trade union formed a regional unit trade union affiliated with the Korean General Labor Union of Nowon-gu in the area of Gwangju-gu, which is composed of about 50 workers working at the instant hotel.

On November 19, 2016, the Plaintiff requested an intervenor to conduct collective bargaining in order to conclude a collective agreement in 2016. On November 21, 2016, the Intervenor publicly announced that the Plaintiff requested collective bargaining by setting the period of public announcement of the fact of requesting bargaining by a trade union and the period during which other trade unions may demand collective bargaining (hereinafter referred to as “period of public announcement of fact requesting bargaining”) as “from November 20, 2016 to November 26, 2016,” but the period of public announcement of the fact of requesting bargaining stated in the foregoing public announcement was from November 20, 2016, on the ground that the public announcement was posted from November 21, 2016 to November 21, 2016.”

On November 25, 2016, the non-party trade union applied for the intervenor to participate in negotiations for the purpose of concluding wages and collective agreements. On November 29, 2016, the intervenor determined the Plaintiff and the non-party trade union as a trade union requesting bargaining, and announced the name of the Plaintiff and the non-party trade union as of November 29, 2016 to December 3, 2016.

On December 14, 2016, the plaintiff and the non-party trade union are the majority trade union of the intervenors.

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