재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Details of the decision on retrial;
A. The Intervenor is a school foundation that was established on December 30, 1947 and operates the E University (hereinafter “instant University”).
On November 1, 2008, the Plaintiff was enrolled in the University of this case operated by the Intervenor on November 1, 2008, and was promoted to the Deputy Inspector on March 1, 2015, and served until now.
On November 20, 1998, the FF Trade Union was established as an industrial trade union on a national level with the organization of the nationwide university workers, and its superior organization is G Federation and its affiliated branch of the university of this case (hereinafter referred to as the “instant trade union”).
From September 1, 2015, the Plaintiff is working as the chief of the site of the instant trade union from September 1, 2015.
B. The Intervenor did not include the Plaintiff in the subjects of promotion to the VI while conducting regular personnel management in the second semester on September 1, 2018.
(hereinafter referred to as “instant promotion exclusion” or “instant promotion exclusion” (hereinafter referred to as “instant promotion exclusion”).
On November 19, 2018, the Plaintiff filed an application for remedy with the Busan Regional Labor Relations Commission, alleging that the exclusion from promotion in this case constituted unfair promotion and unfair labor practices such as disadvantageous treatment, control and intervention.
On January 18, 2019, Busan Regional Labor Relations Commission made a decision to dismiss all of the plaintiff's request for remedy.
(hereinafter referred to as “the first inquiry court of this case”) 1. Revocation of the first inquiry court of this case
2. Recognizing that the Intervenor’s exclusion from promotion to the Plaintiff on September 1, 2018 is an unreasonable deprivation of promotion without good cause.
3. The intervenor must cancel the disposition of unjust promotion or decline to the plaintiff, and shall pay the wage difference that could have been paid if the intervenor did not cancel the unfair promotion or decline to the position.
4. The intervenor will immediately cease to engage in unfair labor practices, such as promotion, exclusion, transfer of assignment, etc., announce the fact of unfair labor practices and prepare measures to prevent recurrence.
On February 11, 2019, the plaintiff is dissatisfied with the above first inquiry tribunal and the National Labor Relations Commission is as follows: