[해고무효확인][공1995.5.15.(992),1821]
Whether it constitutes an industrial action in which workers collectively refuse to work on holidays that have been ordinarily worked.
In principle, all workers, such as ready-mixed vehicles and dump truck drivers, shall be given a fixed leave in the Council of Temporary Workers, but on the first, third Sundayss every month, and on the second, fourth, and fifth Sundayss every month, in cases where the company agreed to designate and work for the necessary number of workers, and such a a fixed leave system has been practically implemented since such agreement was reached, if workers refuse collectively, it constitutes an industrial action that interferes with the normal operation of the company's business.
Article 3 of the Labor Dispute Mediation Act
Supreme Court Decision 91Da14406 delivered on October 9, 1992 (Gong1992, 3105) 92Nu1176 delivered on February 22, 1994 (Gong194Sang, 1113)
Plaintiff
Jsung-U.S. Co., Ltd., Counsel for defendant-appellant-ho
Seoul High Court Decision 93Na10257 delivered on April 21, 1994
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The plaintiff's grounds of appeal are examined.
1. On the first ground for appeal
According to the reasoning of the judgment below, with regard to the plaintiff's assertion that the defendant company's employees did not interfere with the normal operation of the defendant company because they could freely decide whether to work on Sundays 2, 4, and 5 every month, and they did not have contractual duty, the court below acknowledged that the defendant company's temporary labor union of the defendant company did not interfere with the defendant company's normal operation of the company due to the implementation of the fixed working system, after considering the adopted evidence, the council of temporary labor union of the defendant company shall have a fixed working system in principle for all workers, such as air conditioners and dump truck drivers on November 25, 1987, but the 1, 3th Sundays shall be a regular holiday, and the 2, 4, and 5th Sundays shall be a regular holiday, and since the agreement was reached to have the company designated the necessary number and work, if the workers collectively refuse the previous working hours, this constitutes an industrial action impeding the normal operation of the company's business. In light of the relevant records and records, the judgment below's reasoning is without merit.
2. On the second and third points
Examining the relevant evidence compared with the records, the court below's dismissal of the plaintiff of the defendant company of this case against the plaintiff is just and reasonable in its procedure as it is in accordance with the disciplinary regulations of the defendant company's collective agreement. The judgment below did not err in the misapprehension of the rules of evidence or the omission of judgment, such as the theory of lawsuit, and there is no ground for all of the arguments.
3. Therefore, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Shin Sung-sung (Presiding Justice)