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(영문) 서울고등법원 2014.09.05 2013누25995

부당해고및부당노동행위구제재심판정취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising 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 regular workers, and the Intervenor joining the Defendant (hereinafter “ Intervenor”).

B) On October 14, 1986, the Intervenor C was employed as a production worker of each Plaintiff on December 11, 1995, and the Intervenor D was employed on April 1, 1987. 2) The Intervenor’s National Metal Trade Union (hereinafter “ Intervenor’s Trade Union”) was organized as an employee engaged in the metal industry and metal-related industry and was established on February 8, 2001, and the higher organization was established on February 8, 2001, and was established as the Korean Democratic Trade Union Federation (hereinafter “National Trade Union Federation”). The Intervenor is a trade union of a national scale of 147,000 members.

3) The Intervenor’s Trade Union and Labor Relations Adjustment Act provides that the Intervenor’s Trade Union and Labor Relations Adjustment (hereinafter “instant Branch”) consisting of the workers belonging to the Plaintiff.

(B) The Plaintiff, on January 11, 2012, dismissed the Intervenor B, C, and D as grounds for disciplinary action (hereinafter “instant dismissal”) as follows. The Intervenor B was the chief of the branch, the Intervenor C was the chief of the site, and the Intervenor D was the members. B) The Plaintiff dismissed the Intervenor B, C, and D on January 11, 2012 (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, intentionally or by gross negligence, such as assembly, speech, broadcasting, distribution of propaganda documents, attachment of documents, or other similar act: 10: When the company inflicts damage on the company: When the company is not carried out by intention or by gross negligence, or when the company does not carry out the order or direction of the company, or when its superior is punished or threatened: Article 4 (2) 2, (3) 10, and (2) 2 of the Discipline Regulations of the Intervenor: When a person who has induced or responded to the order or direction of the company, or a person who has induced or responded to the order or direction of the company, has left the workplace without permission during working hours: Article 4 (3) 10 of the Discipline Regulations of the Intervenor;