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(영문) 서울행정법원 2013.08.13 2012구합28216

부당해고및부당노동행위구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. The parties concerned (1) The plaintiff is a company that operates the automobile parts manufacturing business using 420 full-time workers. The defendant joining the defendant (hereinafter "the intervenor") was employed on October 14, 1986; the intervenor C was employed on December 11, 1995; and the intervenor D was employed as a production worker for each plaintiff on April 1, 1987.

(2) The Intervenor’s Korean Metal Trade Union (hereinafter “ Intervenor’s Trade Union”) is a national unit trade union for each primary company, established on February 8, 2001, consisting of workers engaged in the metal industry and metal-related industries, with a higher-level organization as a democratic union, and with 147,000 or more members registered.

(3) The Intervenor Trade Union and Labor Relations Adjustment set up an internal organization of the Intervenor Trade Union and Labor Relations Adjustment Co., Ltd. consisting of thirty workers belonging to the Plaintiff (hereinafter “instant subdivision”). At the instant subdivision, the Intervenor Co., Ltd is the president of the branch, the Intervenor Co., Ltd is the land owner, and the Intervenor Co., Ltd is the members of the Intervenor Co., Ltd.

B. (1) On January 11, 2012, the Plaintiff dismissed the Intervenor B, C, and D as follows (hereinafter “instant dismissal”).

Article 4 (3) 1, 7, 10, and 13 of the Discipline Regulations: When a company does not carry out the order or direction of the company, or does any other similar act, either intentionally or by gross negligence, such as assembly, speech, broadcast, distribution of propaganda documents, attachment of documents, or other similar act: 10: when a company does not carry out the order or direction of the company, or when a superior is requested or threatened by intention or by gross negligence, subparagraph 13: When a company does not carry out the order or direction of the company, or when a person who takes a riot or requirement or complies with the order or direction of the company, Article 4 (2) 2, (3) 10, and 13 (2) 2 of the Discipline Regulations of the Intervenor: When a person who has taken a riot or met with the order or direction of the company, Article 4 (3) 10 of the Discipline Regulations of the Intervenor leaves the workplace without permission during working hours: Paragraph 3 (3) 10 of the same Article shall apply.