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(영문) 춘천지방법원영월지원 2015.05.06 2014가단10644
금품(지연이자) 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the members of the CPI trade union (hereinafter “trade union”) as employees employed by the Defendant and worked in each business sector.

B. From November 5, 2013, the Defendant concluded a provisional agreement with the labor union in the year 2013 on January 23, 2014 (hereinafter “provisional agreement of this case”) with the following content.

1. The rate of increase in wages: From January 1, 2013, the rate of increase in wages shall be 1.18% compared to the total wages;

The date of retroactive payment: The payment shall be made immediately after the resolution of the next board of directors.

2. Performance-based rates: (Date of payment by 350% compared to basic pay 300,000 won): After a resolution of the next board of directors, the payment shall be made immediately;

3. Collective agreement period: From July 1, 2013 to June 30, 2015.

From January 27, 2014, until January 29, 2014, a trade union held a union member vote on the pros and cons of the provisional agreement in this case, and as a result, the voting was rejected against all the union members (2,498) 60.1%.

On February 5, 2014, the Defendant entered into an agreement with the labor union in the year 2013 on the same content as the instant provisional agreement (hereinafter “instant agreement”).

E. On the other hand, on January 29, 2014, the Defendant notified the 122th meeting of the board of directors of the CPJ representative director as the purpose of “the composition and operation plan of the standing director nomination committee and the appointment of acting directors” and “the appointment of acting directors,” etc., of the CPJ representative director. A resolution and reporting was made at the 122 meeting held on February 7, 2014 by the CPJ representative director.

F. On February 27, 2014, the Defendant notified directors of the 123th meeting of the board of directors. On March 6, 2014, the 123th meeting of the 123th meeting held on March 6, 2014, which reflected the instant agreed terms and conditions, and the amendment of the Regulations on the Payment of Annual Salaries (each supplementary and the attached Table), and the additional revised budget of the personnel expenses for the year 2013, was

G. On March 7, 2014, the Defendant: (a) on March 7, 2014, the wage increase and performance-prohibited portion under the instant agreement are below the wage increase and performance-prohibited portion.

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