부당노동행위구제재심판정취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of the lawsuit, including those resulting from the participation, shall be all included.
1. Details of the decision on retrial;
A. (1) On August 29, 2016, C was engaged in the vessel repair business, etc. from around August 29, 2016 to “B,” and the Intervenor joining the Defendant was established on December 20, 2016. (2) On December 1, 2006, Plaintiff A entered into a labor contract with Hyundai Spoon Co., Ltd., Ltd., which was partially subcontracted out of the vessel shipbuilding construction work (hereinafter “on the port-Spoon vessel”).
Since then, Plaintiff A entered into a labor contract with Il Young-gu, Co., Ltd., Changjin Plant, Jin Construction Business, Co., Ltd., and Samwon Plant Co., Ltd. (hereinafter referred to as “Seoul Plant”) and worked as an agent at the site of Hyundai Unsteun Shipbuilding subcontracted, but was dismissed on July 1, 2016 on the ground that the term of the labor contract has not been renewed.
3) Plaintiff National Metal Trade Union (hereinafter “Plaintiff Trade Union”)
(2) On December 1, 2012, the Plaintiff A joined a trade union with approximately 150,000 members of a national-level industrial trade union, which organized workers engaged in the metal industry. The Plaintiff A joined the Plaintiff’s trade union. (b) On January 1, 2016, the term “C” concluded a construction contract with the Plaintiff, which was partially subcontracted out of the Hyundai Spoon Vessel and the Ship Construction. However, on August 16, 2016, the term “C” was closed on the 31st day of the same month after it notified the termination of the said construction contract.
2) On August 31, 2016, Hyundai American Shipbuilding selected C as a follow-up business entity of the above construction contract, and C entered into a contract for construction with the content of subcontracting part of the Hyundai American Shipbuilding and the shipbuilding construction work. 3) On August 31, 2016, C visited the Hyundai American Shipbuilding subcontract site, which was performed by Samwon Plant, and entered into an employment contract with the remaining 62 employees other than 13 workers who refused to enter into an employment contract among the 75 workers of Samwon Plants who were employed at the said construction site.
C is affiliated with the offshore plant from the same offshore plant.