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(영문) 서울중앙지방법원 2011.12.13 2010가합119864
손해배상(기)
Text

1. The defendant's KRW 10,000,00 for each of the plaintiffs and 5% per annum from November 1, 201 to December 13, 201, respectively.

Reasons

1. Basic facts

A. The Plaintiffs, while serving in the Incheon factory at AF Co., Ltd. (hereinafter “AF”), are the executives and members of the AF Incheon Factory Branch of the National Textiles Trade Union (hereinafter “AF Trade Union”) and are dismissed on April 1, 1978.

B. On February 23, 1978, the representative conference selected the next executive branch of the AF labor union, such as the obstruction of the defendant's union operation and the instruction of dismissal, etc., (1) around February 23, 1978, when the opposing union members cast a vote to the executive branch of the plaintiff T branch's labor union (hereinafter "the executive branch of this case"), administered the processed matter to the union members who cast a vote, and the members of the executive branch of this case began to have the agriculture in the same-sex party, etc.

(2) On March 1978, 1978, AF decided the return of a member of the company who was punished for agriculture and the time of his return to the company under the condition of receiving the request of the Trade Union, “Guarantee of Reinstatement from Office and Release of Prisoners.” However, on April 1, 1978, AF dismissed the members of the 124 AF Trade Union including the Plaintiffs, and the opposite members of the AF Trade Union were in bad faith, so the executive department of the instant case was overly dismissed.

(3) As a result of the investigation by the former History Settlement Committee established pursuant to the Framework Act on the Settlement of History for Truth and Reconciliation (hereinafter “Reconciliation Committee”), the Central Information Department participated in consultation with opposing union members regarding the above election obstruction case, and it was found that the branch of the Central Information Department Gyeonggi-do Council ordered the dismissal of the above union members.

C. On April 10, 1978, under the title of "see Matters concerning Business Execution", such as the management, distribution, etc. of black list, a public letter in the name of the head of the Busan District Office of the National Textiles Trade Union, stating that "inform the list of the dismissed workers, such as leaving the place of work to assist in a scarcity group among the workers engaged in AF (in Incheon), shall be notified."

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