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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On July 14, 2015, the Plaintiff is a regional trade union with which the establishment report of a trade union was completed at the High Military Office on July 14, 2015, and the non-party B trade union (hereinafter “B union”) is a regional trade union consisting of 38 workers who are engaged in the supply business of cargo loading and unloading in C after obtaining the first permission for labor supply business on May 1, 1982 (the latest permission period is from May 30, 2013 to May 30, 2016).
B. On July 22, 2015, the Plaintiff filed a new application for a labor supply business (hereinafter “instant application”) with the Defendant on July 2, 2015, under Article 33(4) of the Employment Security Act, on the grounds that “type of business trade union, 12 workers, 12 employees annually, 12 employees per month in the labor supply plan, and 144 employees per annum in the business area Jeonnam-do” (hereinafter “instant application”). However, on September 1, 2015, the Defendant rendered the instant disposition rejecting the instant application on the ground that “C construction business is scheduled as completed in 2020, and it does not have a significant impact on the water flow for the next five years, and it is difficult to maintain the decline of the working conditions and the stability of employment relations of the existing union members in excess of the demand for the supply of human resources.” The two labor unions overlap with the scope of business due to the performance of the same work within the same area, and all of the two labor unions would substantially worsen.”
C. On October 21, 2015, the Defendant dissatisfied with the above disposition and filed an administrative appeal with the Central Administrative Appeals Commission. On February 2, 2016, the Central Administrative Appeals Commission (“Central Administrative Appeals Commission”) overlaps with the scope of duties under the existing port union, and the number of workers supplied increases by 12 compared with the number of the existing port union members prior to the permission. This exceeds approximately 32% of the number of union members of the existing port union, and ② is below C general sand station construction works.