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(영문) 서울고등법원 2017.11.23 2017재나698

기타(금전)

Text

1. The request for retrial of this case is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The plaintiff asserts that there is an error of law in the judgment subject to a retrial under Article 451 (1) 1 of the Civil Procedure Act (Article 451 (1) of the Civil Procedure Act).

Specifically, the first instance court's lawsuit is an administrative case brought by the plaintiff in the position of the victim who suffered disadvantage in relation to the status due to trade union activities, but this court has developed a claim that the court, which made the judgment subject to review, treats it as a civil case and ruled it.

2. In the first instance trial, the Plaintiff, a member of the Defendant’s association, was subject to the “disadvantageous disadvantage in relation to the status arising from union activities,” which is the disciplinary dismissal of the instant disciplinary action against the Plaintiff. Therefore, in accordance with Article 12 of the Defendant’s Rules and subparagraph 1 of the attached Table of the Guarantee of Status Guarantee Rules, the Plaintiff claimed 20,000,100 won as the amount of wage damage and damages for delay.

This is a civil case, and both the appellate court's judgment on the first instance court's judgment and the appellate court's judgment on the appellate court's judgment, and the judgment subject to a retrial have legitimate jurisdiction.

Therefore, it cannot be deemed that there exist grounds for retrial in the judgment subject to review, as alleged by the Plaintiff.

3. In conclusion, the plaintiff's request for retrial of this case is dismissed as it is without merit. It is so decided as per Disposition.