손해배상(기)
1. As to the Plaintiff, Defendant A and Defendant B jointly share KRW 1,00,000,000, and Defendant C’s KRW 26,570,841 and each of them.
Based on the facts, the Plaintiff (hereinafter referred to as the “Plaintiff Company”) is a juristic person operating the automobile manufacturing business, etc., and Hyundai Motor Vehicle Branch (hereinafter referred to as the “instant Branch”) is within the same Ulsan Factory (hereinafter referred to as both the Plaintiff Company’s Ulsan Factory). Thus, among the Ulsan Factory, the Plaintiff was a subdivision of the Korea Trade Union affiliated with the Federation of Democratic Trade Unions (hereinafter referred to as the “D Labor Union”) comprised of workers belonging to a specific factory among the Ulsan Factory, and Defendant B and Defendant C were members of the said Branch.
Defendant A was the head of the E Secretariat organized by workers, etc. of cleaning service companies from around 2007 to 2008.
The evidence Nos. 10-1, 2, and 15 of A, and the purport of the entire pleadings. The branch of this case has continued to demand the plaintiff company to convert all workers belonging to the branch of this case into regular employees of the plaintiff company.
The plaintiff company participated in the action for the chairperson of the National Labor Relations Commission against the chairperson of the National Labor Relations Commission, which was filed by F, who is an employee of the branch of this case, against the chairperson of the National Labor Relations Commission.
On July 22, 2010, the court of final appeal (Supreme Court Decision 2008Du4367) rendered a judgment on the reversal and return (hereinafter “instant Supreme Court Decision”) to the effect that the Plaintiff Company is deemed to have directly employed F in accordance with the relevant laws and regulations as it used F for more than two years after receiving temporary placement of workers. After remanding the case in accordance with the purport of the instant Supreme Court Decision, the appellate court’s judgment was dismissed on February 23, 2012 (Supreme Court Decision 201Du7076), and the said judgment became final and conclusive on the same day after remanding the case.
The branch of this case is based on the judgment of the Supreme Court of this case, and all of the employees belonging to the plaintiff company are regular employees.