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(영문) 서울고등법원 2019.06.13 2019누30302
부당해고구제재심판정취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part is as follows, and this part of the judgment of the court of first instance is identical to that of the judgment of the court of first instance except for the following parts. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[Supplementary part] The second 17 and 18th 18th 2 of the judgment of the court of first instance (hereinafter referred to as "the instant union shop regulations") "The workers of this case do not join the Korean Government Trade Union in Jeju area after joining the Plaintiff, and the workers of this case joined the H Trade Union on December 9, 2017, and D on December 18, 2017," "The workers of this case did not join any trade union since becoming members of the Plaintiff Company on August 26, 2017, and B and D joined the H Trade Union from December 9, 2017 to December 318, 2017," "The 3rd 5th 5th 5th 5th 1st 1st th th th th th th th am of the judgment of the court of first instance."

A person shall be appointed.

(i) On March 22, 2018, the instant workers and H Workers’ Union filed an application for review with the National Labor Relations Commission seeking cancellation of the first inquiry tribunal of the Jeju Regional Labor Relations Commission.

On May 8, 2018, the National Labor Relations Commission's union members of the union shop regulations in the instant case are not limited to the members of the FF trade union in Jeju region, and if interpreted only, it would allow limited organizations to be forced, so it would be the current Trade Union and Labor Relations Adjustment Act which allow multiple labor unions to be allowed.

(ii) not only does it comply with the purpose of Article 81(2) of the Trade Union Act, but also violates the request of the Constitution to ensure the positive right to organize (the right to compulsory organization and the right to choose the union of individual workers harmoniously) by excessively infringing on the right to choose the union of individual workers, and organize a new trade union or otherwise by joining and withdrawing from a dominant trade union under the proviso of Article 8

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