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(영문) 서울행정법원 2019.08.22 2019구합53037
교섭요구 사실의 공고에 대한 시정 재심결정취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. On July 12, 1999, the Plaintiff is a person who runs the automobile sales business by establishing a ESD agency (hereinafter “E”) (hereinafter “instant agency”).

B. A trade union is a national-level trade union consisting of “car masters” serving as a nationwide automobile sales agent. On September 18, 2015, the Seoul Branch’s Seoul Branch’s Seoul Branch’s Gance Trade Union reported the establishment of a trade union to the Seoul Regional Employment and Labor Agency and received a certificate of report on the establishment of the trade union. On May 30, 2018, the organization was changed into the branch of the B trade union. The car masters that belongs to the instant agency was established, and the car masters that concluded a car masters service contract with the car sales agent and concluded a car masters service contract with the car sales agent and carried out the business of automobile sales and receipts, claims management, etc.

A member is taking part in a member's membership.

C. A trade union requested the Plaintiff to conduct collective bargaining in writing pursuant to Article 14-2 of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) on October 18, 2018, but the Plaintiff did not publicly notify the Plaintiff of the demand for bargaining.

On October 25, 2018, a trade union filed an application for correction with the Gyeonggi Regional Labor Relations Commission for the public announcement of the fact of requesting bargaining.

On November 5, 2018, the Gyeonggi Regional Labor Relations Commission accepted an application for correction on the ground that the car masters of the instant agency, which is a member of the B trade union, constitutes a worker under the Trade Union Act. Thus, the Plaintiff is obligated to publicly announce the fact for seven days from the date of receipt of the request for negotiation.

E. On December 3, 2018, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission. On December 12, 2018, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the same ground as the initial inquiry court.

(hereinafter referred to as “instant review decision”) . [The grounds for recognition] / Each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

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

A. The plaintiff's assertion of this case.

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