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(영문) 서울행정법원 2016.09.08 2015구합80369
재심판정의 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the decision on retrial;

(a) The Korean Broadcasting System is a juristic person established pursuant to the Broadcasting Act, which runs a business of conducting domestic and foreign broadcasts using approximately 4,640 full-time workers;

The plaintiff is a company-level trade union established on August 25, 2008 for the organization of workers working for the Korean Broadcasting System.

An intervenor is an industrial trade union established on November 24, 200 for the organization of workers engaged in the nationwide press business, and a subordinate organization from December 18, 2009 to its subordinate organization, the Korea Press Workers' Credit Union (hereinafter referred to as the "Co-ordination headquarters") is established, and the headquarters to which the intervenors belong is affiliated is the participation of workers belonging to the Korea Broadcasting System.

Meanwhile, the Korean Broadcasting System is also organized by the Korea Broadcasting System, not only the Plaintiff and the Intervenor, the KFS Resource Management Trade Union, the KFS Broadcasting Specialized Trade Union, the KFS Public Trade Union (hereinafter respectively referred to as “resources Management Labor Union,” “broadcasting Specialized Labor Union,” “Public Labor Union,” and the Plaintiff became the representative bargaining trade union around November 6, 2014 in the process of simplification of bargaining windows in which the said five trade unions participated.

B. On April 10, 2015, the headquarters to which the Intervenor and the Intervenor belong applied to the Plaintiff and the Korea Broadcasting System for the rectification of the violation of duties of fair representation under the Seoul Regional Labor Relations Commission’s 2015 Fair Trade Commission, and the purport of the application is as follows.

1. The Plaintiff and the Korea Broadcasting System distributed 12,400 hours out of the limit of exemption from working hours at the end of March 2015 to the Plaintiff’s headquarters to which the Intervenor belongs for 2,700 hours constitutes a violation of the obligation of fair representation.

2. The Plaintiff and the Korea Broadcasting System shall correct the distribution of the limit of working hours exemption to the Plaintiff within 10 days from the date of receipt of the instant written ruling, and distribute 10,012 hours to the Plaintiff’s headquarters to which the Intervenor belongs, and 5,388 hours to the Plaintiff.

C. The Seoul Regional Labor Relations Commission shall intervene on June 18, 2015 with respect to the above corrective application.

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