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(영문) 대구지방법원경주지원 2017.07.06 2016가합2154
해고무효확인
Text

1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 7,890,262 and this.

Reasons

1. Basic facts

A. The parties concerned 1) The Defendant is a company that carries on the design, manufacture, sale, etc. of automobile industrial parts by using more than 800 full-time workers to manufacture and supply automobile parts, such as automobile parts, such as an exchange power plant and a train studs, etc., to the completed vehicle company. 2) The Plaintiff is a member of the Korean Metal Trade Union and the Korean Metal Trade Union and its branch C Branch (hereinafter “C Branch”) who retired on June 30, 2015 after being employed by the Defendant and serving as a member.

B. C Branchs (1), on May 19, 2010, attended by 544 of the 601 members of the Association (hereinafter “First General Meeting”)

(1) The organization of a subdivision, a subdivision of an industrial trade union, shall be changed into B-trade union, a company-level trade union (hereinafter referred to as “resolution on change in organization form”).

(2) The enactment and resolution of the rules of the B trade union (hereinafter referred to as the “resolution of the enactment of rules”).

(3) A resolution to elect the Director-General or E (hereinafter referred to as “resolution to elect officers”)

(2) On June 7, 2010, C Branch held an extraordinary general meeting of 550 members (hereinafter “the second general meeting”) among 601 members, and passed a resolution of the same content as the first general meeting.

(c) Contents of the collective agreement and bonus payment rules 1) The National Metal Trade Union (hereinafter referred to as the “MMMM”).

) A collective agreement made with the Defendant prior to the General Assembly Nos. 1 and 2 (hereinafter referred to as “former Collective Agreement”).

(2) Of the contents of this case, the contents of this case are as follows:

1. The retirement age of any member of the association shall be December 31, which reaches 60 years of age;

Article 39 (wages)

1. The defendant shall comply with the benefits rules for the members, and the benefits rules shall be determined in consultation with the metal labor union;

Provided, That when the standards for the payment of benefits are revised and newly established, it shall be determined by mutual consent with the metal labor.

2. April of each year shall apply to the adjustment of wages for union members;

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