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(영문) 대구지방법원 2017.11.14 2017구합22147

노동조합결의 시정명령 신청 각하 처분 취소

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 15, 2014, the Plaintiff, a member of the BA, established a new public official trade union, and posted a new declaration of establishment on the internal computer network on September 25, 2014.

On September 26, 2014, B trade union announced the convocation of a steering committee for disciplinary action by the plaintiff who obstructed the right to organize and acts against the union.

B. On September 26, 2014, around 12:55, the Plaintiff sent the Trade Union a union withdrawal letter by facsimile, and around 15:00 on the same day, the B Trade Union passed a resolution against the Plaintiff on “the deprivation of geographical head and expulsion.”

(hereinafter referred to as “instant disciplinary resolution”). C.

On September 13, 2016, the Plaintiff asserted the illegality of the above disciplinary resolution and submitted a petition with the following content to the Korea Labor Agency in Daegu Regional Employment and Labor Office:

On September 26, 2014, at the 7th Steering Committee of the 7th and the 10th executive committee of the 10th executive committee of the 2014, the new public official trade union A (Plaintiff) taken measures to “the deprivation of the heads of branch offices and the permanent expulsion of union members” against the Personal Information Protection Act, and posted the disciplinary measures on the bulletin board of administrative evasion on September 26, 2014, which can be seen both the Daegu-si and eight Gu public officials and the 17:27 of the 2014 and the 10:32 times from February 5, 2015, which means that the administrative agency may take measures to rectify the violation of the labor related Acts and subordinate statutes or the rules of the 10th executive committee.” Article 21(2) of the Trade Union and Labor Relations Adjustment Act and Article 93 subparag. 2 and Article 94 of the 214 of the 2015 demand correction by the Labor Relations Commission.

Accordingly, on March 23, 2017, the head of the Daegu Regional Labor Relations Commission requested the Gyeongbuk Regional Labor Relations Commission to make a decision on the instant disciplinary action, and the Gyeongbuk Regional Labor Relations Commission requested the Labor Relations Commission to make a decision on the corrective order on March 23, 2017.