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(영문) 서울행정법원 2019.04.25 2018구합63334
부당노동행위구제재심판정취소
Text

1. The National Labor Relations Commission made an application for reexamination of unfair labor practices on March 14, 2018.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company that employs approximately 1,300 full-time workers and engages in maternity, maternity, and the manufacturing and sales business of petrochemicals.

B A trade union (hereinafter “instant trade union”) was established on June 23, 2017 by around 30 business-level trade unions among the members of the Plaintiff’s headquarters established for organizing the office employees. On October 15, 2018, the Defendant Intervenor’s Intervenor’s assistant trade union, a nationwide industrial trade union, changed its organization to “C Trade Union D Branch Association” and dissolved on January 29, 2019.

B. On August 11, 2017, the instant trade union issued a warning to the effect that “the act of the Plaintiff posted the instant trade union on the bulletin board of the intra-company computer network to delete the phrase “the act of posting contents irrelevant to the business affairs on the bulletin board of the intra-company computer network” to the instant trade union constitutes grounds for disciplinary action, as it infringes the Plaintiff’s right to manage the facilities. ② The instant trade union’s act of blocking the receipt of “the act of sending the e-mail related to the instant trade union to the employees belonging to the Plaintiff head office using the external e-mail account” against “the act of sending the e-mail related to the instant trade union to the employees belonging to the Plaintiff head office using the external e-mail account”; ③ the instant trade union issued the warning to the effect that the act of infringing the Plaintiff’s right to manage the facilities, which constitutes grounds for disciplinary action, ④ monitoring and auditing the chairperson of the instant trade union for a long time, and the act of monitoring and supervising the instant trade union’s activities, such as the Plaintiff’s lawful act of joining the Plaintiff employees.”

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