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(영문) 대전지방법원천안지원 2015.11.26 2012가단20150

손해배상(기)

Text

1. The Defendants jointly share KRW 40,737,867 to the Plaintiff and Defendant B with respect thereto from October 30, 2012, and Defendant C and F.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells motor vehicles in Ulsan Factory, Jeonju Factory, etc., including an Agsan Factory located in Agsisi, Agsisi, and the Defendants are employees belonging to the subcontractor in the Agsi Factory (J, K, L, M, N, andO) or dismissed by the said company.

B. Workers employed by the Plaintiff’s partner companies in an Asan Factory form a trade union under the name of “Korea Metal Workers’ Union Asan Factory Cheongnam Branch” (hereinafter “instant branch”) and continuously requested the Plaintiff to conduct collective bargaining with workers employed by the Plaintiff in the Ulsan Factory and Jeonju Factory, demanding wage increase and full-time conversion, etc., and the Plaintiff refused the said request for the said bargaining on the grounds that the employees employed by the in-house subcontractor are not in a labor contract with the Plaintiff, and thus, they cannot become the parties to collective bargaining.

C. In 2012, the Plaintiff expressed his/her intent to accept the two-day-speed comparison system required by workers and to convert only a part of the non-regular workers into a full-time employee with respect to “admitting the two-time-time-time-time-based-term-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-

On June 27, 2012, the Plaintiff’s Busan District Labor Relations Commission filed an application for mediation with the Busan District Labor Relations Commission through the Korea Metal Trade Union, but the Busan District Labor Relations Commission decided on July 10, 2012 that “it cannot be readily concluded that labor disputes between labor relations parties are labor disputes, and thus, is not subject to mediation.”

E. The Plaintiff’s in-house subcontractor union, including the instant branch, decided to conduct industrial actions to achieve the purpose of wage increase and full-time conversion, etc. through internal voting from July 10, 2012 to the 111th day of the same month, and thereafter work.