부당감급및부당노동행위구제재심판정취소
1. The part concerning Plaintiff B trade union among the judgment of the first instance is revoked.
2. The plaintiff B Trade Union shall dismiss the lawsuit.
1. The Plaintiff B trade union (hereinafter referred to as the “Plaintiff trade union”) established on July 13, 201 on the authority of the Plaintiff B trade union’s lawsuit against the Plaintiff B trade union (hereinafter referred to as the “Plaintiff trade union”) as an organization of D groups and their affiliated companies, and its employees; Plaintiff trade union opened a general meeting on December 28, 2012 and decided to continue its activities as a trade union branch AC branch of the Korea Metal trade union among eight union members who attended the general meeting on December 28, 2012; the Plaintiff trade union decided to newly organize the Korea Metal trade union branch on January 14, 2013; and the members of the Plaintiff trade union joined the Korea Metal trade union by no dispute between the parties or by the purport of the entire pleadings.
According to the above facts of recognition, it is reasonable to view that the plaintiff's union had already been dissolved before April 2, 2013, which is obvious that the lawsuit of this case was filed.
Ultimately, the Plaintiff’s labor aid lawsuit is unlawful as it is already filed in the name of the extinguished non-corporate association.
2. Determination as to Plaintiff A’s claim
A. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, with the exception of partially rejecting the grounds of the judgment of the court of first instance or adding a judgment on the intervenor's argument of the trial.
Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
[Supplementary part] 3 pages 14-16: Rad in whole as follows:
On December 20, 2012, the Plaintiffs were dissatisfied with the above initial inquiry tribunal and applied for reexamination to the National Labor Relations Commission on December 20, 2012.
[2] The National Labor Relations Commission, on March 5, 2013, dismissed all applications for reexamination on the ground that the determination of disciplinary action is appropriate even if only the grounds for disciplinary action No. 1 out of the grounds for disciplinary action in the instant case were recognized (hereinafter “instant decision on reexamination”).