부당해고구제재심판정취소
1. All of the petition for retrial of this case is dismissed.
2. The cost of review shall include the part resulting from the intervention.
1. The following facts, which have become final and conclusive in the judgment subject to review, do not conflict between the parties or are apparent in records.
The Plaintiffs and Selected D were employed by the Intervenor who is a company that engages in the manufacture and sale of automobiles, and were employed by the Intervenor on July 1, 2004. On December 31, 2013, the Intervenor was issued a letter of full-time retirement under Article 30 (1) of the Rules of Employment of the executives and employees who were employed by the director in general service or higher, at least the researcher in research service, and at least the employee higher than the captain in research service (hereinafter referred to as “inter-party employee”).
Meanwhile, the Intervenor has the branch E of the F Trade Union (hereinafter “Nonindicted Trade Union”) and the F Trade Union G branch (hereinafter “instant trade union”). The Plaintiffs and the designated parties joined the instant trade union between March 2013 and May 2013.
B. On March 10, 2014, Plaintiff A, C, and Appointed D filed an application for unfair dismissal with the Seoul Regional Labor Relations Commission, and filed an application for remedy on March 24, 2014, but the Seoul Regional Labor Relations Commission dismissed each of the above requests for remedy on May 15, 2014.
Plaintiff
B applied for remedy against unfair dismissal to the Incheon Regional Labor Relations Commission on March 10, 2014, and applied for remedy against unfair labor practices on March 24, 2014, but the Incheon Regional Labor Relations Commission dismissed the respective request for remedy from Plaintiff B on June 9, 2014.
C. On June 2, 2014, Plaintiff A, C, and Appointed D filed an application for reexamination with the National Labor Relations Commission on July 2, 2014, against each of the above initial trials rendered on July 2, 2014. However, the National Labor Relations Commission dismissed the application for reexamination filed by Plaintiffs and Appointors on August 8, 2014.
(hereinafter “instant decision on review”) D.
The plaintiffs and the designated parties D filed a lawsuit against the defendant as Seoul Administrative Court 2014Guhap16170, which sought the revocation of the instant decision on reexamination. The Seoul Administrative Court, the first instance court, is the executive members who set forth the retirement age of the associate members on October 22, 2015.