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(영문) 부산고등법원 2017.02.06 2014나8394
손해배상(기)
Text

1. Defendant HL’s appeal is dismissed.

2. Upon the claim extended at the trial, Defendant HL is KRW 1 billion to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company is a juristic person operating the automobile manufacturing business, etc., and the Defendants are employees belonging to the Plaintiff Company Ulsan Factory (hereinafter “instant plant”). 2) A non-regular sub-sub-sub-sub-substation (hereinafter “instant sub-substation”) to which the Defendants belong is the Plaintiff Company’s sub-substation of the Korean Democratic Trade Union Federation of Metals (hereinafter “MM labor union”) comprised of employees belonging to the intra-corporate sub-substations of the instant plant.

B. On July 22, 2010, the Supreme Court (No. 2008Du4367) rendered a ruling of reversal and transmission (hereinafter “the instant Supreme Court ruling”) to the effect that the Plaintiff Company was directly employed by the Plaintiff pursuant to the relevant Act since it was dispatched to the Plaintiff Company for two or more years. From October 6, 2010 to May 2, 2010, the Trade Union and Labor Relations Adjustment continued to demand the Plaintiff Company to convert all of its employees into the Plaintiff Company’s regular employees. (2) In a lawsuit to revoke the application for unfair dismissal dismissal against B, the Plaintiff Company, which is an employee of the Trade Union and Labor Relations Branch, issued a ruling of reversal and transmission to the effect that the Plaintiff Company would be directly employed by the Plaintiff pursuant to the relevant Act. The Trade Union and Labor Relations Division of this case, from around four times to around October 6, 2010 to around November 5, 2010, requested the Plaintiff Company to negotiate the basic salary class 90,982 won with the Plaintiff Company’s regular employees.

3. Accordingly, the Trade Union and Labor Relations Commission applied for mediation to the National Labor Relations Commission through metal labor unions around November 5, 2010, and around November 8, 2010.

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