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(영문) 대전고등법원 2017.03.23 2016누13005
교섭대표노동조합 공정대표의무위반시정 재심신청 판정취소
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1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party) who is ordered to revoke below.

Reasons

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following 2.2. Thus, this part of the reasoning of the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Defendant Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s 13th page 3, and the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s 12th page 7-8th page 1, respectively, hereinafter the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

Articles 29(2) and 29-5 restrict the right to collective bargaining and the right to collective action by recognizing the lead of collective bargaining and dispute only to a representative bargaining trade union, which does not become a representative bargaining trade union. If a collective agreement is concluded by a representative bargaining trade union, other trade unions participating in the procedures for the simplification of bargaining windows are bound to have no choice but to do so, so Article 29-4(1) of the Trade Union Act imposes the duty of fair representation on a representative bargaining trade union and an employer to prevent discrimination against a minority trade union and its members that may arise therefrom.

The duty of fair representation imposed on a representative bargaining trade union and an employer functions as an institutional device to ensure that the Constitution does not infringe on the essential contents of fundamental rights granted to trade unions and workers. The collective agreement concluded between a representative bargaining trade union and an employer provides the basis of legitimacy to be limited to minority trade unions participating in the procedures for the simplification of bargaining windows. In light of this function of fair representation, the duty of fair representation is not only the process of collective bargaining but also the contents of collective agreement, which is the result thereof.

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