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(영문) 서울고등법원 2016.01.08 2014나54801

손해배상(기)

Text

1. Of the judgment of the first instance court, the part against the Defendants in the judgment is modified as follows.

Defendant B. Defendant B.

Reasons

1. Basic facts

A. The parties to the contract 1) The defendant company established five power generation companies (the defendant company, O company, P company, Q company, and R company) established by separating the power generation business from the Korea Electric Power Corporation according to the restructuring of the government's electric power business around April 2001.

hereinafter referred to as the “five Development Co., Ltd.”

(2) As one of the workers employed 2,00 full-time workers, Defendant C served as the representative director of the Defendant Company from October 2008 to November 201, 2012. Defendant C worked as the head of the Defendant Company’s labor welfare team, from November 2009 to December 201, 2012. Defendant C worked as the head of the Defendant Company’s labor welfare team from June 2006 to December 201, Defendant G as the deputy head of the Defendant Company’s labor welfare team, from March 2008 to December 201, 201, and from March 2008 to January 201, 201 as the head of the Defendant Company’s labor-management cooperation team.

3) The Plaintiff is an industrial trade union established on July 24, 2001 with the organization of workers, etc. engaged in the power generation industry and its related business sector, and is the National Democratic Trade Union Federation of Workers’ Unions (hereinafter “National Labor Union Federation”).

(B) A member of each development company is organized under its control, and the headquarters under the Plaintiff’s control has become extinct as of January 1, 201 by 45 members of each of its affiliated branches were transferred to Korea hydroelectric Energy Corporation as of January 1, 201.

b. There is established a company-level trade union promotion committee. 1) Six persons, such as S (J branch chief), T (J branch chief), U (L branch chief), V (M branch chief), W (main branch chief), X (I branch representatives), etc., who are the executive officers of B headquarters under the Plaintiff’s control, shall be organized by the company-level trade union promotion committee (hereinafter “promotion committee”) around June 2010, and on October 28, 2010. < Amended by Presidential Decree No. 22426, Oct. 28, 2010>