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The court ruled that CJ Logistics' refusal to engage in collective bargaining with courier drivers, who are specially hired workers, was an 'unfair labor practice'.

If subcontracted workers have real and specific control decisions, they have an obligation to agree to bargaining.



First, this is reporter Kim Sang-min's report.



<Reporter> The



delivery union has been demanding collective bargaining on working conditions, such as improving the working environment, from CJ Logistics for the past five years.



CJ Logistics refused.



The reason was that courier drivers are special employees belonging to the subcontractor agency, and they do not have an obligation to bargain as they do not have an explicit labor contract with the original contractor.



In response to the courier union's application for relief, the Local Labor Relations Commission sided with CJ, but the Central Labor Relations Commission, which was in charge of a retrial in June 2021, overturned the decision, saying that CJ Logistics' refusal to bargain was an 'unfair labor practice'. It is.



Even if CJ Logistics is not the original business owner, it has practical and specific 'control decision rights' such as the basic working conditions of subcontracted courier drivers, so it can be seen as a 'user' who bears collective bargaining obligations.



CJ Logistics filed an administrative lawsuit with the court asking for the decision to be revoked in the first ever judgment at the level of the Central and Labor Commission.



However, today (the 12th), the court of first instance ruled that the decision of the Central and Labor Commission, which viewed CJ Logistics as a 'user', was justified.



It was believed that the labor union's request for shortening the delivery time and improving the working environment in the cargo terminal had the right to make decisions only on CJ Logistics, the main contractor, not the agency owner.



[Lawyer Lee Yong-woo/Minbyun Labor Commissioner: Even in the field of general collective bargaining, it can be evaluated that the theory of dominance related to the user property of the prime contractor has been recognized, and then this is not just a problem with a simple courier business…

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CJ Logistics said it would immediately appeal.



(Video coverage: Seol Min-hwan, video editing: Shin Se-eun, CG: Jeon Yoo-geun)



▶ "Woncheong-i user"...

Will labor-management negotiations change for subcontracting and special employment?