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(영문) 서울남부지방법원 2017.07.21 2016가합107944
조합원지위부존재확인청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 20, 2002, the Plaintiff was established and operated on November 20, 2002. The Plaintiff is a corporation that employs more than 170 workers with an office and a warehouse in I Airport, J Airport, Busan, etc., and engages in complex transport arrangement business, customs clearance business, warehouse business, etc. (hereinafter “Defendant Union”) and Defendant National Public Transport and Social Services Workers’ Union (hereinafter “Defendant Union”) is a national-level industrial trade union whose target is the organization of all workers working in the public sector and transport sector under the National Democratic Union Federation. On May 25, 2014, the Plaintiff established and operated the K branch whose target is the organization of workers belonging to the Plaintiff, and up to 70 workers belonging to the Plaintiff.

3) Defendant B, C, D, E, F, G, and H (hereinafter “Defendant’s Union members”).

The plaintiff company is in charge of the following duties and is working for the defendant union as a member.

Defendant in a detailed position by distinguishing the duties of Defendant’s name

2. The defendant of the Director L Center;

3. Defendant of the head of the C M Center;

4. Defendant of the director of a branch office of D. D.

5. Defendant of the president of J Airport Office;

6. Defendant of the FN Airport Office Director;

7. The defendant at the head of G branch office;

8. The head of the H Department and the head of the marine transportation division;

B. The Plaintiff and the Defendant Union concluded a collective agreement with the Plaintiff and the Plaintiff presented a proposal that the supervisor representing the interests of the employer, such as the head of the department, the head of the branch, the head of the center, and the head of the center, cannot be a member, while negotiating the collective agreement with the Defendant Union. On January 2015, the Plaintiff and the Defendant Union entered into a collective agreement including the content that the scope of membership of the Plaintiff and the Defendant Union is governed by the Labor-Related Act (hereinafter “instant

C. On August 17, 2016, the Plaintiff’s transfer order and the Plaintiff’s remedy order issued by the Seoul Regional Labor Relations Commission filed the instant lawsuit against the Defendants to the effect that the Defendants’ members do not have the status as a union member under the instant collective agreement.

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