임금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 1, 1999, the Plaintiff joined the Korea Construction Institute Branch of Public Research and Development Workers (hereinafter “Labor Relations Branch”) and was engaged in activities from July 1, 2009 to B, and on August 2, 2010, the Defendant Research Institute refused to comply with the return order, and was subject to the suspension order for three months on the ground of defamation and false distribution (hereinafter “instant suspension order”).
The Plaintiff filed a request for remedy with the Gyeonggi Regional Labor Relations Commission by asserting that the instant suspension disposition constitutes an unfair disciplinary measure and unfair labor practice, and filed an administrative litigation with the National Labor Relations Commission on the decision of review. During the instant suspension disposition, the decision was finalized that the refusal to return to work was not a cause of disciplinary action but a disciplinary measure was deemed to deviate from or abused the discretion of disciplinary action due to the absence of disciplinary action.
(Seoul High Court Decision 2012Nu418). Accordingly, the Defendant Research Institute paid 18,816,493 won to the Plaintiff as wages from August 30, 2010 to November 29, 2010, the period of suspension from office of the Plaintiff.
[Evidence] Facts without dispute, Gap 1 and 2 evidence (including each number), the purport of the whole pleadings
2. Determination:
A. The Plaintiff’s assertion ① Since the instant disposition of suspension from office was confirmed to be unfair disciplinary action, the Defendant should compensate the Plaintiff for additional 17,049,588 won equivalent to the average wage for three months during the period of suspension from office (=5,683,196 won x 3 months) pursuant to Article 42 of the chapter agreement entered into between the union branch of the Trade Union and the Defendant (hereinafter “instant chapter agreement”).
② Article 33 of the instant chapter agreement provides that wages shall be paid to full-time union workers, and this agreement is effective after July 1, 2010, in which Article 24 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) which prohibits full-time union workers from paying wages to full-time union workers, until March 28, 201.