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(영문) 서울고등법원 2017.11.09 2017누65588
부당전보구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court which cited the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance other than the part which was written after the dismissal as set forth in the following paragraph (2). Thus, this is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the

(The grounds alleged by the Plaintiff in this Court are not significantly different from the allegations in the first instance court, and even if all the evidence submitted by the first instance court and this court are examined, the fact-finding and judgment in the first instance court is justifiable). The part of the first instance court, which was written after the dismissal, 5th and 9th of the first instance court, shall be “A”.

No. 8 of the first instance judgment, the first instance judgment "E" shall be added to "H".

The grounds of the judgment of the court of first instance, part 3 to 14 of the 12th judgment, which is the ground of appeal of the first instance judgment.

(c) Paragraph 4) shall be added to the following:

“4) Whether a collective agreement on the implementation of the prior consultation procedure is complied with shall be objectively interpreted as the expression of intent of the parties in accordance with the terms and conditions indicated in the disposition document if the authenticity is recognized. However, in the event that there are differences in the interpretation of a contract between the parties and the interpretation of the intent of the parties indicated in the disposition document is at issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the language and text, the motive and background leading up to

Meanwhile, when interpreting a disposition document, such as a collective agreement, the collective agreement is conducted through collective bargaining between the labor union and the employer as an independent organization of workers with the aim of maintaining and improving workers’ working conditions and promoting their welfare, and thus, it cannot be interpreted disadvantageously to workers.

Supreme Court Decision 2009Da102452 Decided October 13, 2011

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