해고무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 30, 1969, the defendant was established independently by cement business division of Hyundai Construction Co., Ltd., which is divided into cement business division and leisure business division consisting of cement manufacturing and sales business division consisting of cement manufacturing and distribution business division as its main business.
On January 22, 1994, the Plaintiff was employed as an employee who was employed by the Defendant and was employed as an employee in the production industry, and was employed in B of the Hyundai C C C C C C C C from August 2003 to December 2008. < Amended by Act No. 9323, Jan. 22, 2009>
B. On August 31, 2010, the Defendant reported a dismissal plan for managerial reasons to the head of the Seoul Regional Employment and Labor Office, and on September 8, 2010, notified the entire workers of the dismissal plan and dismissed the Plaintiff on October 12, 2010.
(hereinafter “instant layoff”) C.
On the other hand, at the time of August 31, 2010, the target and number of workers and members of each trade union, which existed in the defendant, are as listed below.
The fact that the number of workers (one hundred and fifty workers at class or above) in the cement business division workers at Class 3 or below of the cement business division (excluding workers at class or above) 452 and 159 and 120 members of 192 and 193 and 120 and 120 of the members of the 193 are without any dispute, Gap 1, and 1 through 3, and the purport of the whole arguments and arguments of the cement business division workers at Class 4 or below of the cement business division subject to insurance, etc. at the Hyundai Cement trade union, Hyundai Cement Co., Ltd.
2. The Plaintiff’s assertion that the instant layoff is null and void because it did not meet the requirements for layoff under the Labor Standards Act as follows.
The defendant, who has no urgent managerial necessity, applies for the workout program due to liquidity crisis caused by the guarantee of payment to the subsidiary, and accordingly, to reduce personnel expenses, 160 persons from cement business division and 50 persons from the leisure business division shall be dismissed.