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(영문) 서울고등법원 2018.09.05 2018누40562

부당노동행위구제재심판정취소

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1. The defendant's appeal is dismissed.

2. The costs after appeal shall include the part resulting from the participation.

Reasons

1. The reasoning of the court’s explanation on this part is as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance.

2. In the first instance court, the Plaintiff filed a claim against the Defendant for the revocation of the part that rejected the Plaintiff’s application for reexamination among the instant decision on reexamination. The first instance court accepted the part regarding the removal of the old newsletter distribution and dismissed the remainder.

However, since only the defendant appealed against the defendant, the part against the plaintiff in the judgment of the first instance was excluded from the object of the judgment of this court.

3. The grounds alleged in the trial at the court of first instance are not significantly different from the facts alleged by the Defendant in the appeal of whether the decision on review on the part concerning the restriction on the distribution of the Trade Union newsletter in this case was lawful. However, even if all the evidence submitted in the trial at the court of first instance are re-examined, the fact-finding and decision at the

Therefore, the court's explanation on this part is about the ground of the judgment of the court of first instance No. 2-C.

Since it is the same as the entry in a claim, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act;

4. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.