국가배상
1. Among the parts against the defendant in the judgment of the court of first instance, the respective claims of plaintiffs I, M andO and the illegal dismissal of plaintiffs E, J and L respectively.
1. In the first instance trial, the plaintiffs filed a claim for compensation for damages of KRW 50 million for each of the following reasons: ① illegal intervention in dismissal on the ground of trade union activities (hereinafter “illegal interference”); ② compensation for damages due to interference with employment by preparation, management, etc. of a black list (hereinafter “employment interference”); and the court of first instance rendered a judgment citing part of the compensation to the plaintiffs.
Accordingly, the plaintiffs and the defendant appealed on each part of the judgment against them, and the judgment of the court of first instance prior to the remand dismissed the part of the claim for consolation money due to illegal dismissal among the lawsuits of this case of plaintiffs E, J and L, and accepted part of the claim for consolation money due to obstruction of employment (the above materials KRW 10 million and damages for delay). With respect to the part of the claim for consolation money due to obstruction of employment, each part of the claim (the above materials KRW 20 million and damages for delay) against plaintiffs I, M andO was accepted, and the judgment of the court of first instance was modified to dismiss each of the remaining claims of the plaintiffs.
In other words, the defendant appealed on the part against the defendant, and the Supreme Court reversed the part against the plaintiffs among the part against the defendant in the judgment prior to the remand and sentenced this part of the case to the court of original instance.
Therefore, the part concerning the claim for consolation money due to the illegal dismissal of plaintiffs E, J and L in the judgment before remanding the case is finally determined by the above Supreme Court's reversal and transmission judgment. Accordingly, the scope of the judgment after remanding the case is limited to the part that was reversed and remanded, that is, the part concerning the claim for consolation money due to the obstruction of employment of plaintiffs E, J and L, and the part concerning the claim for consolation money due to the illegal dismissal of plaintiffs I, M andO and employment obstruction, which are the part concerning the plaintiffs in the judgment before remanding the case.
2. Fact-finding;
A. The Plaintiffs are executives and members of a trade union while working in R Co., Ltd. (hereinafter “R”).