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(영문) 서울행정법원 2017.09.14 2015구합77110
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a public enterprise that was established on December 31, 2004 and employs 28,000 full-time workers and engages in railroad transportation, maintenance of rolling stock, manufacture and sale of railroad equipment, etc. as its main business.

B. The National Railroad Workers' Union (hereinafter referred to as the "railroad Workers' Union") was established for the organization of workers engaged in the railroad industry including the intervenors, and the number of union members is about 20,000, and five local headquarters (Seoul, Daejeon, Permanent Residence, South, and Busan) under its control.

C. The intervenors were employed by the Plaintiff and worked at the Seoul rolling stock maintenance team and the places of business belonging to the Seoul Headquarters, and are members of the Korea Railroad & Labor Relations Association.

The position of the intervenors in the railroad labor union shall be as shown in the attached Table 1.

On July 2014, the Plaintiff decided to take disciplinary action against the Intervenor pursuant to Articles 6 and 8 of the Plaintiff’s Rules of Employment and Articles 32, 33, 37, 38, and 52 subparag. 1 through 5 of the Personnel Regulations, with respect to the grounds for disciplinary action as follows (hereinafter “instant grounds for disciplinary action”), and the disciplinary action was mitigated by the Review and Disciplinary Committee, and became final and conclusive as stated in the column for “Disciplinary Action” among the grounds for disciplinary action against the Intervenor 1.

(hereinafter referred to as the “instant disciplinary action”) made a final and conclusive disciplinary action through the Review and Disciplinary Committee.

① From the grounds for the disciplinary action against the intervenors 1, the intervenors indicated in the “first strike” column were participating in the illegal collective refusal of labor conducted by the Korea Railroad and Labor Relations Commission from December 9, 2013 to December 31, 2013 (hereinafter “first strike”).

② Intervenors indicated in [Attachment 1]’s “second strike” column for the disciplinary reasons for the disciplinary action against the Intervenors are as follows: “Secondary strike”, which is an illegal labor dispute conducted by the Korea Railroad and Labor Relations Commission on February 25, 2014.

the planning direction or participation.

③ On February 17, 2014, the Plaintiff’s integration of cargo trains’ departure inspections and transshipment operations.

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