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(영문) 서울행정법원 2011.12.08 2011구합7045
부당해고및부당노동행위구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) against the first instance court’s decision on the ground of the disposition taken on August 18, 2010 (hereinafter referred to as the “instant business trip”) around August 1998 on the date of the disposition of the business assistant in the position of the company and the contents of the business trip around August 18, 2010 (hereinafter referred to as the “instant decision”) from June 1, 2009 to June 16, 2009 - the Plaintiff’s rejection of the application for unfair dismissal (the Plaintiff’s rejection of the application for unfair dismissal of labor practice under the Labor Standards Act) - rejection of the application for remedy by the Plaintiff and the Korean Women’s Trade Union (the employee nature is recognized under the Trade Union and Labor Relations Adjustment Act, but does not fall under unfair labor practice) - rejection of the Plaintiff’s application for reexamination (the employee nature is recognized under the Labor Standards Act and the Trade Union and Labor Relations Adjustment Act, but does not fall under unfair labor practice; hereinafter referred to as the “instant decision”).

1. Details of the decision on retrial;

2. Whether the decision on the retrial of this case is lawful

A. (1) The Plaintiff’s assertion (1) constitutes a worker under the Labor Standards Act who provides labor to the intervenors in subordinate relationship with the purpose of wage, and even though the Plaintiff was a full-time officer of the Korean Women’s Union B subdivisions (hereinafter “instant trade union”) under Article 13(1) of the collective agreement, it is unlawful and unfair for the Intervenor to take a business trip against the Plaintiff on the ground of unauthorized decision.

(2) The Plaintiff constitutes a worker under the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union and Labor Relations Adjustment Act”) who is engaged in labor under the employment-subsidiary relationship with the Intervenor and lives in return for the payment of wages, etc., and the Intervenor made an illegal or unfair business trip against the Plaintiff on the ground that the Intervenor was justifiable for joining the trade union or for the work of the trade union.

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