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(영문) 서울고등법원 2013.07.04 2012누29983

부당해고및부당노동행위구제재심판정취소

Text

1. The plaintiffs' appeal against the defendant and the appeal against the plaintiff B and C by the defendant and the defendant joining the defendant.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following: (a) the addition of or the addition to the parts or the judgment in paragraph (2) below; and (b) thus, it shall be cited by Article 8(2) of the Administrative Litigation Act; and (c) the main text of

2. A decision made by adding or adding parts and matters to be added;

A. (i) The following shall be added to (ii) the 23th sentence of the first instance court: (iii) the following shall be added:

(C) On September 28, 2010, the Daegu Regional Employment and Labor Agency made efforts to secure authenticity, such as the Intervenor’s representative director’s expression of intent to withdraw an industrial action through the labor union’s self-help atmosphere, multiple official documents, etc., and the submission of an individual member’s duty to provide good labor. In the course of an interview with the Korean office, it is difficult to conclude that there is no authenticity in the intent to return to the labor union. In addition, even though some of the “pre-determined terms” presented as the condition of withdrawal of a lock-out is different from the confirmation of the intention to return to the labor union, which is the premise of the withdrawal of the lock-out, it seems unreasonable to claim it under the premise, the submission of a letter of intent to faithfully review and negotiate on whether the lock-out continues to exist, and even if the above evidence is presented, it appears that the genuine act of return to the labor union and the genuine act of return to the labor union at least in the event of the submission of an individual member’s duty to discontinue the work in question.

Shebly, from 26th to 27th, the Court of First Instance 26th, "no evidence exists to acknowledge it as above."

The intervenor on January 7, 2010.