The meaning of "a case in which a trade union is organized in a business or workplace" under Article 5 (1) of the Addenda to the Trade Union and Labor Relations Adjustment Act and the meaning of multiple labor unions prohibited from being established under the same Article.

Article 5 (1) of the Addenda to the Trade Union and Labor Relations Adjustment Act (amended by March 28, 2001) refers to the case where a trade union is established in a single business or workplace. However, the case where an existing trade union is organized in a single business or workplace, the case where the branch or chapter of the primary business, industrial, occupational, and regional unit trade union is an independent organization with independent rules and executive organs, and the organization or the union members are capable of independently conducting collective bargaining and concluding collective agreements with respect to the unique matters of the organization or the union members concerned shall also be included in the case where the existing trade union can be seen as equivalent to the company unit trade union.

Article 5 of the Labor Union and Labor Relations Adjustment Act, Article 5 (1) of the Addenda to the Trade Union and Labor Relations Adjustment Act ( March 13, 1997)

[Plaintiff-Appellant] Plaintiff 2001Du5361 delivered on July 26, 2002 (Gong2002Ha, 2074)

Suwon Automobile Regional Cooperative Trade Union (Attorney Kim Young-deok, Counsel for the defendant-appellant)

[Judgment of the court below]

August 21, 2003

1. The defendant shall not refuse or neglect collective bargaining with the plaintiff as to the matters for bargaining stated in the separate sheet.

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

The same shall apply to the order.

1. Basic facts

The following facts may be recognized in full view of the purport of the entire pleadings in each entry in Gap 1 through 9 (including the serial number), Eul 1, and 4 through 11, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

A. On February 15, 2001, the Plaintiff is organized with workers working for the cooperative, subcontractor, and the trade union by region and by business type, which reported the establishment to the Gun Mayor on February 15, 2001, and the Defendant Company is a subordinate company that produces and supplies the parts of the automobile to the treatment automobile, and the Defendant Company has 38 employees working for the 1636 Sinsan-dong, 1636 Sinsan-dong.

B. On March 21, 2001, the Plaintiff joined the military production plant of the Defendant Company, and established the Korea Embdodoe Branch (hereinafter referred to as the “Embdoe Branch”) affiliated with the Plaintiff’s union, and joined the Plaintiff’s union with respect to the correction on April 2, 2001, the correction on April 15, 200, and on April 11, 2001 (as of August 2003, 38 production workers belonging to the Defendant Company, the members of the Hadoe Branch affiliated with the Hadoe Branch are nine).

C. On April 2, 2001, the propelling Police Branch issued a general meeting for the establishment of a branch and filed a report on the establishment of the branch with the labor union of the Gunsan City Mayor on April 2, 2001. However, on the 6th of the same month, the Gunsan City was already organized by the Defendant Company, a company unit labor union of the company, and the Gunsan City was already organized by the Korea Military Industry Trade Union of the Gunsan Corporation, a company unit labor union of the company (hereinafter referred to as the Gunsan Labor Union), and accordingly, issued a disposition to return the report on the establishment of the Magdong on the ground that the Magdong Branch constitutes multiple labor union under Article 5(1) of the Addenda of the Labor Union and Labor Relations Adjustment Act (In this regard, the propelling Police Branch filed a lawsuit against the Gunsan City on October 11, 2001, but the above judgment dismissed the request of

D. However, from April 10, 2001, the Plaintiff demanded the Defendant Company to respond to collective bargaining with the Plaintiff’s union several times on behalf of its members who joined the Plaintiff Union from April 10, 2001, but the Defendant did not comply with collective bargaining until now on the ground that the Nonparty Trade Union was already in the Defendant Company

E. Meanwhile, on April 1, 2001, the former worker of the defendant company formed the non-party trade union on the part of the worker of the defendant company, together with the leap, and on April 2, 2001, submitted a trade union establishment report to the Gunsan Mayor on April 2, 200 and received a report on establishment on the 6th of the same month (as of August 2003, 203, 25 workers who joined the non-party trade union among the 38 whole production workers belonging to the defendant company) and thereafter the non-party trade union

2. The parties' assertion

A. The plaintiff's assertion

Article 30(2) of the Labor Union and Labor Relations Adjustment Act (hereinafter "Labor Union and Labor Relations Adjustment Act") provides that an employer shall not refuse or neglect to conduct collective bargaining or collective agreements without justifiable grounds, and the employer shall not refuse or neglect to enter into collective bargaining or collective agreements without good cause, and Article 81(3) of the same Act provides that an employer shall engage in unfair labor practices which refuse or neglect to conduct collective bargaining or collective agreements without justifiable grounds. Article 90 of the same Act provides that an employer shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding twenty thousand won, and the Defendant shall not refuse the Plaintiff's collective bargaining request unless there are justifiable grounds. Thus, the Plaintiff's union refuses collective bargaining for this reason despite the fact that it does not fall under multiple labor unions prescribed in Article 5(1) of the Addenda to the Trade Union and Labor Relations Adjustment Act in relation to the existing non-party trade union. This is an unfair rejection, and thus the Defendant shall not refuse or neglect collective bargaining with the Plaintiff.

B. Defendant’s assertion

The defendant asserts that the non-party trade union, which is a company-level trade union, has already been organized for employees working in the defendant company, and the plaintiff constitutes multiple labor unions sharing the subject of organization with the non-party trade union, and thus it cannot respond to the plaintiff's request.

3. Determination

A. Therefore, we examine whether the Plaintiff union constitutes multiple labor union in relation to the non-party trade union. Article 5 of the Trade Union Act provides that "workers may freely organize a trade union or join it." Article 5 (1) of the Addenda provides that "in cases where a trade union is organized in one business or workplace, it shall not establish a new trade union with the trade union until December 31, 2006, notwithstanding the provisions of Article 5," that "it shall not be permitted to establish a new trade union with the union until December 31, 2006" means that the Plaintiff union shall not temporarily allow the establishment of multiple labor unions in our industrial sites where a company-level trade union in a business or workplace becomes the main axis of the establishment of multiple labor union in a country where a company-level trade union in a business or workplace becomes the main axis of the establishment of multiple labor union, by predicting the problems such as confusion in collective bargaining, conflicts between labor unions, etc., which may cause the establishment

B. Therefore, "where a trade union is organized at a single business or workplace" under Article 5 (1) of the Addenda refers to a case where a unit trade union is established at a single business or workplace. However, in light of the above legislative intent, the branch or chapter of a unit trade union by the primary business, industry, occupation, and region is an independent organization with independent rules and executive organs, and the organization or union members are capable of independently conducting collective bargaining and concluding collective agreements with respect to the matters unique to the pertinent organization or union members, it shall also be deemed that the unit trade union by company is equivalent to the unit trade union by company (see, e.g., Supreme Court Decision 2001Du5361, Jul. 26, 2002).

C. Therefore, multiple labor unions are prohibited from being established pursuant to Article 5(1) of the above Addenda only when an existing trade union establishes a branch or sub-branch of a company-level trade union or a supra-company-based industrial, occupational, and regional unit trade union equivalent thereto. The existing trade union may establish a company-level trade union without any restriction if the existing trade union is a primary company-based, occupational, and regional unit trade union beyond a company-level trade union. If an existing trade union is a company-level trade union, the newly established trade union does not violate the prohibition of multiple labor union if the existing trade union is a primary company-based, occupational, and regional unit trade union, not a company-level trade union.

D. In light of the above legal principles, the fact that the non-party trade union constitutes the primary business unit trade union for each region and each business type consisting of workers working for the non-party company's unit trade union of the defendant company, against the fact that the plaintiff constitutes the primary business unit trade union for treatment motor vehicle in the Gunsan area for each region and each business type, as seen earlier. The regulations on the operation of the plaintiff's association's branch (A2) provides that "the union is a party to all collective bargaining including each branch and is the representative of the negotiating committee. If the chairperson delegates his authority, the negotiating committee including the branch head shall negotiate with the delegation, but the party to the collective bargaining and the conclusion of the collective bargaining shall be the chairperson." Thus, even if the low-income branch of the plaintiff's association has its own resolution and executive organ, it cannot be deemed that the plaintiff's union is a branch that works as an independent organization, as long as it has no independent collective bargaining and collective agreement ability, the plaintiff does not fall under the multiple labor union under Article 5 (1) of the Addenda to the Trade Union Act.

E. Therefore, pursuant to Article 30(2) of the Trade Union and Labor Relations Adjustment Act, the defendant bears the duty of good faith bargaining with the plaintiff who does not fall under multiple trade unions, not refuse or neglect the collective bargaining of this case.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

Judges Cho Jong-sung (Presiding Judge)