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(영문) 서울행정법원 2018.12.06 2018구합60922
부당노동행위구제재심판정취소
Text

1. The National Labor Relations Commission on February 22, 2018. 2018. 2017buno221, 2222 between the Plaintiff and the Defendant joining the Defendant and D.

Reasons

1. Details of the decision on retrial;

A. On May 24, 200, Plaintiff A established a F agency of E Co., Ltd. (hereinafter “E”) (hereinafter “instant agency”) and runs the automobile sales business up to the present day.

Plaintiff

B is operating the instant agency jointly with the Plaintiff from November 30, 2009.

D After entering into a car sales service contract with the Plaintiffs on July 1, 2015, 2015, the instant agency refers to a car masters (a car masters refers to a car masters who enters into a car sales service contract with the owner of an automobile, and carries out the duties of automobile sales, receipts, and claims management. Since the Plaintiffs and the Defendant trade the name of the car masters, they also worked as a car masters.

B. The intervenor is a national-level trade union whose target is the car masters serving at the car sales agencies nationwide.

On September 18, 2015, the intervenor received a trade union establishment report from the Seoul Regional Employment and Labor Agency on September 18, 2015.

D was admitted to the Intervenor around October 2015.

Notes

1. The employer’s use of the pertinent worker’s withdrawal from the instant trade union constitutes unfair labor practices such as control and intervention against the instant trade union.

2. Upon receipt of the written determination, the employer of this case immediately determined that a representative A violated the Trade Union and Labor Relations Adjustment Act by posting a remedy order, which was issued by the Gyeonggi Regional Labor Relations Commission on the bulletin board of the workplace, and ordered a representative A to post and comply with the written determination.

The use of a representative of the F Agency A to withdraw from a trade union to D who is a member of the CFF union constitutes an unfair labor practice in control.

. . . . d. F Agency Representative A for 10 days.

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