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(영문) 수원지방법원 2016.12.13 2015나11646

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that manufactures and sells an automobile. Defendant B, C, and D, the intra-company subcontractor that entered into the business contract with the Plaintiff, and Defendant E, the production worker of K Co., Ltd., the Plaintiff Company, as an intra-company subcontractor, have worked in the Plaintiff Company. 2) The Korea Metal Trade Union (hereinafter referred to as the “MMMM”) has its affiliated branch, etc. as an industrial labor union, and the Plaintiff’s branch has its affiliated branch, etc., and the Plaintiff’s branch has a industrialization association, etc. consisting of 30 workers belonging to the in-company subcontractor, and the said in-house sub-council consisting of about 1,800 employees belonging to the in-house subcontractor (hereinafter referred to as the “in-house sub-council”). The Defendants are executives of the said in-house sub-council.

B. 1) On June 20, 2013, the metal industry users council was established to conduct metal labor and industrial central negotiations. On the same day, the metal labor union requested a central negotiation to the metal industry users council on the following: “The central negotiation commenced from April 16, 2013 to the 9th negotiation is no longer likely to cause any further resolution; thus, the labor dispute occurred.” The metal labor union notified the National Labor Relations Commission in writing of the occurrence of the labor dispute. 2) On the same day, the metal labor union sent “the metal labor union” to the National Labor Relations Commission on March 5, 2013, “the collective bargaining request to renew wages and collective agreements for the year 2013”, and then requested the central negotiation on the core issue, such as “the improvement of the wage system, including the minimum wage system, the production process, and the full-time production process,” and the central negotiation was requested from each workplace by not later than 2016.