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(영문) 대전지방법원천안지원 2013.06.14 2010가합7686

손해배상(기) 등

Text

1. Defendant B, C, D, F, M, and N are each Plaintiff KRW 7,312,855 and their related amount from November 17, 2010 to June 14, 2013.

Reasons

1. The facts below the underlying facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the following facts: Gap evidence Nos. 2, 4 through 7, Eul evidence Nos. 1 through 4, evidence Nos. 6-1, 2, 9, evidence No. 11-5, and evidence No. 12, and evidence Nos. 1-1 through 15, and the overall purport of each of the images and arguments No. 1-1 through 15.

The Plaintiff’s status as the parties is a corporation that manufactures and sells motor vehicles in the Ulsan Factory, Jeonju Factory, etc. located in Asan City. The Defendants are workers who belong to, or were dismissed from, a collaborative company in an Asan Factory (excluding Boan Industry, Jyang Industries, Co., Ltd., Ltd., Jinyang Industries, Jinyang Industries Co., Ltd., Ltd., Hanyang Industries Co., Ltd., Ltd., Hansung Industrial Co., Ltd., Ltd., Ltd., Namsung Industrial Co., Ltd., Ltd., Ltd., remaining company in the name of the Parties,

B. Workers who work for a collaborative company in an Asan Factory requiring collective bargaining in the Plaintiff’s intra-company subcontractor (hereinafter “Korea Metal Trade Union”) established a trade union in the name of “Korea Metal Trade Union A Factory Cheongnam Branch,” and the above intra-company subcontractor association (hereinafter “instant branch”) and continuously requested the Plaintiff to conduct collective bargaining demanding wage increase, full-time conversion, etc. with workers who work for the Plaintiff, Ulsan Factory, and Jeonju Factory, but the Plaintiff refused the said request for collective bargaining on the ground that workers who work for the intra-company subcontractor are not in a labor contract with the Plaintiff and thus cannot be a party to collective bargaining.

C. As a result of the resolution on industrial action under the intra-company subcontractor labor union, the intra-company labor union, including the instant branch, applied for the mediation of a labor dispute to the National Labor Relations Commission through metal labor union around November 5, 2010, but it is directly from the National Labor Relations Commission around November 16 of the same year to the workers belonging to the Plaintiff and the intra-company subcontractor.