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(영문) 울산지방법원 2016.11.16 2014가합3975

손해배상(기)

Text

1. The Defendants jointly share KRW 248,298,910 with respect to the Plaintiff and the period from September 29, 2016 to November 16, 2016.

Reasons

Based on the facts, the Plaintiff (hereinafter referred to as the “Plaintiff Company”) is a juristic person operating the automobile manufacturing business, etc., and the Defendants are those who were working or working in the Ulsan Factory 1 Factory of the Plaintiff Company (hereinafter referred to as the “instant factory”).

The fact that there has been no dispute and the purport of the entire argument is the fact that there has been a conflict between the non-regular workers in the plaintiff company and the metal trade union under the National Federation of Democratic Trade Unions (hereinafter referred to as the "metallic Trade Unions") is a trade union comprised of workers belonging to the Ulsan Factory Cooperative in the plaintiff company, and the plaintiff company has consistently requested the plaintiff company to convert all workers belonging to the branch of this case into the regular employees of the plaintiff company.

The plaintiff company participated in the action for the chairperson of the National Labor Relations Commission, which filed against the chairperson of the National Labor Relations Commission by E, who is an employee of the branch of this case, and the revocation of the decision for review of unfair labor practices.

On July 22, 2010, the court of final appeal (Supreme Court Decision 2008Du4367) rendered a judgment on the reversal and return (hereinafter “the Supreme Court Decision of this case”) to the effect that the Plaintiff Company is deemed to have directly employed E as it used E for at least two years after receiving temporary placement of workers. After remanding the case in accordance with the purport of the Supreme Court Decision, the appellate court’s judgment was dismissed on February 23, 2012 (Supreme Court Decision 201Du7076) and the said judgment became final and conclusive on the same day.

Since the decision of the Supreme Court of this case was rendered, the branch of this case demanded special negotiations with the content that all of its employees should be converted to regular workers, and unpaid wages should be paid simultaneously with the conversion to regular workers based on the employment date of individual workers.

However, the Plaintiff Company.