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(영문) 서울고등법원 2016.03.24 2015누60251

부당정직 및 부당노동행위 구제 재심판정 취소

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1. All appeals filed by the plaintiff, the defendant and the defendant are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the plaintiff in Part 3 of the judgment of the court of first instance changed "the plaintiff in Part 2 of the judgment of the court of first instance to "the main office of the Medical Service Act (the plaintiff acquired and established the headquarters of the Medical Service Machinery Racing Business on July 16, 199)" and (b) the defendant and the intervenor's assertion in the trial concerning the installation of brid are the same as the reasons of the judgment of the court of first instance, and thus, (b) the plaintiff shall be admitted as it is in accordance with Article 8 (2) of the Administrative Litigation Act, Article 420 of the Civil Procedure Act.

2. Determination as to the assertion by the Defendant and the Intervenor in the trial on the establishment of the Badrid

A. The Defendant and the Intervenor’s assertion of this case prevents the Plaintiff from having access to the Intervenor’s office for the Intervenor’s labor union branch by installing brate using containers, etc., and is on the extension of the Plaintiff’s unfair labor practice to open and open the Intervenor’s labor union branch since 2010, and the Plaintiff’s act of cutting down and cutting off the Plaintiff’s union and installing brate is a series of acts of controlling and entering the union.

In addition, the National Labor Relations Commission does not regard brid installation itself as unfair labor practice, but rather, it is inevitable for the members of the Intervenor's Labor Relations Commission to pass only on the way leading the Plaintiff, and it is an unfair labor practice to result in monitoring the union activities of its members by installing closed-circuit television on the way leading the Plaintiff.

B. The facts of the first instance judgment and evidence Nos. 33, 36, 38, 39, evidence No. 34-1 through 6, evidence No. 35-1 through 55, evidence No. 37-1, 2, Eul, 16, 20, 21, 23, 27, Eul, 17, 25, and 26-1, 2, Eul, and 19-1 through 6, Eul, and 22, and 24-1 through 3, respectively, and the testimony of the witness of the court of the trial as a whole.