1. The National Labor Relations Commission shall provide relief for unfair dismissal and unfair labor practices on July 19, 2012.

1. The circumstances leading to the decision on reexamination of this case

A. The Intervenor employed 260 full-time workers and engaged in the manufacture and sale of semiconductor equipment and parts thereof (hereinafter “the Plaintiff’s workers”) and the rest of the Plaintiffs other than the Plaintiff’s National Metal Trade Union (hereinafter “Plaintiff’s trade union”) (hereinafter “Plaintiff’s workers”) (excluding the Plaintiff’s trade union”) were members of the Plaintiff’s trade union’s subdivision (hereinafter “this case’s trade union”).

B. On November 7, 201, 206, the Intervenor selected 62 out of 206 production workers as employees subject to layoff, and dismissed 54 workers (including 53 members, including 53 members, and 1 non-members) on business grounds, excluding 8 desired retirees, etc. on November 7, 201.

(hereinafter “instant layoff”) C.

On November 6, 2011, the Plaintiffs asserted that the instant layoff was unfair dismissal and unfair labor practices to Busan Regional Labor Relations Commission, and filed an application for remedy for unfair dismissal and unfair labor practices. On February 29, 2012, the Busan Regional Labor Relations Commission received the application for remedy on the ground that the instant layoff constituted unfair dismissal and unfair labor practices.

On March 30, 2012, an intervenor filed an application for review with the National Labor Relations Commission. On July 19, 2012, the National Labor Relations Commission is deemed to have urgent managerial necessity and efforts to avoid dismissal for the instant case, but includes work ability which is difficult to deem that the intervenor has secured objectivity in selecting the person subject to layoff. Therefore, it is reasonable to select the person subject to layoff except for the above work capacity.

However, even if the plaintiff workers calculate the order except work capacity, it is reasonable to dismiss the plaintiff workers included in the person subject to layoff.

In addition, those subject to layoff.