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(영문) 서울행정법원 2015.12.03 2014구합64148

부당해고 및 부당정직 구제 재심판정취소

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1. The National Labor Relations Commission shall provide relief for unfair dismissal and unfair labor practices on June 11, 2014. < Amended by Presidential Decree No. 25502, Jun. 11, 2014>

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company that employs 48 full-time workers and engages in the maintenance and repair of machinery and equipment within the FG Co., Ltd.

On August 1, 2012, both the Intervenor Intervenor B, C, D, and E concluded a labor contract with the Plaintiff and the contract period from August 1, 2012 to July 31, 2013, and performed the work of maintaining machinery and equipment in the said G factory.

The intervenors are all members of the F non-regular branch under the Korean Metal Trade Union.

B. On July 17, 2013, the Plaintiff held a disciplinary committee and resolved to dismiss the Intervenor B and C, dismiss the Intervenor D and E for two months of suspension from office due to the following disciplinary reasons, and notified the Intervenor on July 29, 2013.

A Intervenor B shall specify the grounds for disciplinary action according to the following numbers for each Plaintiff’s name (hereinafter the grounds for disciplinary action);

1. Obstruction of business operations on a total of seven occasions from April 30, 2013 to June 25, 2013 (unauthorized intrusion on a management office and illegal collective act);

2. Deserting the workplace without permission during working hours;

3. Bathing, abusive language, or threatening a manager;

4. To detain the representative;

5. Intervenor C: 13 days from absence without permission ( May 2, 2013, 3, 8, 9, 10, 16, 22, 23, June 5, 7, 18, 20, 4 July 201);

1. Obstruction of business affairs 18 times in total from April 30, 2013 to July 1, 2013 (in the event of unauthorized intrusion into a management office, illegal collective action, and driving away the head of the site office outside of the office without permission and carrying out the books from the site office);

2. Deserting the workplace without permission during working hours;

3. Bathing, abusive language, or threatening a manager;

4. Acts of confinement with a representative or manager D;

1. Obstruction of business affairs 18 times in total from April 30, 2013 to July 1, 2013 (in the event of unauthorized intrusion into a management office, illegal collective action, and driving away the head of the site office outside of the office without permission and carrying out the books from the site office);

2. Deserting the workplace without permission during working hours;

3. A participant E who takes abusive language or intimidation against the manager.

1. April 2013