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(영문) 서울고등법원 2020.09.17 2019누62170
부당노동행위구제재심판정취소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order to revoke is revoked.

Reasons

1. The reasoning of the judgment of the first instance is the same as that of the judgment of the first instance, except for the deletion of the reasons as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

At the second bottom of the judgment of the court of first instance, four (4) "Defendant supplementary Intervenor" and 4 and 5 (hereinafter referred to as " Intervenor C") shall be deleted.

2. The reasoning for this part of the decision on the retrial of this case is as stated in the judgment of the court of first instance, except for the parts to be used or additionally deleted as follows. Thus, this part of the decision on the retrial of this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The 4th 15th 15th son of the judgment of the court of first instance shall be from "the plaintiff to "the person" to "the person."

The Intervenor B added “A, as a person with certain authority and responsibility from an employer with respect to the determination of working conditions, business orders, direction, supervision, etc., falls under “user” as prescribed by Article 2 subparag. 2 of the Trade Union Act, and thus cannot join a trade union pursuant to Article 2 subparag. 4(a) of the same Act. Moreover, the Intervenor is a “member with at least the class of director treatment,” who is not qualified as a member of the G branch pursuant to Article 4 of the collective agreement concluded between the Plaintiff and G branch on March 27, 2014 (hereinafter “instant collective agreement”). 5-3 of the first instance judgment of “No matter.”

At the bottom of the 7th judgment of the first instance, the phrase " December 28, 2018" shall be read as " December 28, 2017".

In the fourth sentence below the 10 upper order of the first instance judgment, " January 2, 2019" shall be read as " December 31, 2018."

The following shall be added to the 13th sentence following the 5th sentence of the first instance judgment:

B) Whether the Intervenor B constitutes “employer” under Article 2 subparag. 2 of the Trade Union Act (1).

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