logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.18 2016누52882
공정대표의무위반시정재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The grounds alleged in the trial while the plaintiff appealed from the judgment of the court of first instance are not significantly different from the grounds alleged in the judgment of the court of first instance.

In full view of the evidence and the purport of the whole pleadings submitted in the first instance court, the fact-finding and judgment in the first instance court is recognized to be legitimate, and there is no error of law such as misunderstanding of legal principles or misunderstanding of facts concerning relevant regulations, including the status of representative bargaining trade union, etc.

Therefore, the reasoning of this court concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the supplement of a part of the judgment as follows. Thus, this court shall accept it in accordance with Article 8(2) of the

2. The appellate brief Nos. 7, 11, and 12 of the first instance judgment on the part of the appellate brief are as follows: “The plaintiff appealeds against the above judgment and is currently pending in the appellate trial” (the Daejeon High Court 2015Na13940). The plaintiff appealeds the above judgment, but was dismissed (the Daejeon High Court 2015Na13940), and the appeal is pending in the final appeal.

3. Supplementary judgment

A. The plaintiff argues that the duty of fair representation of a representative bargaining trade union applies over the whole process of implementing the collective agreement, but it is contradictory to the reasoning that it is difficult for a representative bargaining trade union to consider that it has a comprehensive power of representation in the process of implementing the collective

The duty of fair representation should be observed when a representative bargaining trade union interpreted and applies a collective agreement as well as the contents of the collective agreement, which is the result of collective bargaining or collective agreement, during the period in which the representative bargaining trade union maintains its status. While the duty of fair representation should be carried out not only in substantive aspects but also in procedural aspects in the process before and after negotiations but also in the process of coordinating the interests between the trade union and its members, such duty of fair representation is not a basis for the comprehensive representative authority

Articles 29-2 (1) and 29 of the Trade Union Act.

arrow