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(영문) 대전지방법원 2015.09.23 2014가합1168

징계무효확인 등

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1. Each dismissal of the Defendant against Plaintiff A and B on September 12, 2012, and one-month suspension against Plaintiff C, respectively.

Reasons

Basic Facts

The defendant between the parties is a company that employs 670 full-time workers and engages in the manufacture, sale, and supply business of electronic parts, control goods, systems, etc. for automobiles and non-motor vehicles.

The plaintiffs, as the defendant's workers, are officers of the Korean Metal Trade Union E-Subdivision (hereinafter referred to as the "MM Nos. 1") established within the defendant by the Korean Metal Trade Union (hereinafter referred to as the "MM Nos. 1") which is an industrial trade union of a national scale, the organization of which is composed of workers engaged in the nationwide metal industry and metal-related industry.

The plaintiffs' membership dates, duties within Article 1, and disciplinary measures taken by the defendant are arranged as shown in [Attachment 1].

The details of disciplinary action against the labor union position in Article 1 of the Defendant Job Day A, Plaintiff B on February 1, 200, Plaintiff C on November 1, 2001, who was dismissed on February 1, 200 of the site president, concluded a collective agreement on February 1, 200, with the users related to metal labor union in the Daejeon Northern area, including the Defendant, and metal labor union in the field of the instant strike, on a two-year basis.

On March 30, 2012, which was concluded on June 30, 2010 on June 30, 2010, the period of validity of the collective agreement concluded on March 30, 2010, demanded collective bargaining to the relevant employers of the Daejeon Chungcheong Branch, including the Defendant, for the purpose of concluding wages and collective agreements in 2012.

(hereinafter “Request for Negotiation”) On April 3, 2012, Article 1 of the Trade Union and Labor Relations Adjustment also requested the Defendant to participate in the supplementary bargaining to enter into a collective agreement in April 3, 2012.

The negotiations to conclude wages and collective agreements in 2012 surrounding the Defendant and the First Trade Union (hereinafter referred to as the “Negotiation in this case”) are conducted in parallel between the users related to metal labor unions in the Daejeon Chungcheongnambuk-do and the users related to metal labor unions in the Daejeon Chungcheongnam-do and the Defendant and the first trade union, but both parties did not reach an agreement.

A summary of the negotiation process shall be recorded in [Attachment 2].