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(영문) 울산지방법원 2013.10.10 2010가합8613
손해배상(기)
Text

1. Defendants B, D, E, and H jointly and severally with the Plaintiff Hyundai Motor Co., Ltd. in KRW 22,142,367 and their related thereto.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the overall purport of the pleadings and video images as stated in Gap evidence 1, 12, and 19 (including all the serial numbers in the case of separate numbers):

The metal trade union (hereinafter referred to as “metallic labor union”) affiliated with the National Democratic Labor Union Federation (hereinafter referred to as the “National Labor Union”) (hereinafter referred to as “MMM”) is a trade union comprised of the workers belonging to the K-factory subcontractor affiliated with the Plaintiff company. It has been continuously demanded against the Plaintiff company to convert all employees belonging to the intra-company labor union into regular workers.

B. In the meantime, Supreme Court Decision 2008Du4367 Decided July 22, 2010 (hereinafter “Supreme Court Decision 2008Du4367 Decided July 22, 2010”) rendered a judgment of reversed and remanded to the effect that the Plaintiff Company was directly employed by the Plaintiff Company in accordance with the relevant laws, since the Plaintiff Company received illegal dispatch and used L for at least two years in relation to the lawsuit seeking revocation of the application for unfair dismissal relief against employees employed by the company (hereinafter “instant Supreme Court Decision”).

From October 6, 2010 to May 11, 201, in-house labor union increased wages including 90,982 won in basic pay to the Plaintiff Company through metal labor union, which is a superior organization, through four times from around October 6, 2010 to around November 200, and demanded special negotiations to convert all workers employed by the intra-company labor union into full-time workers, and pay unpaid wages at the time of the intra-company labor union into full-time workers.

C. However, the Plaintiff Company rejected such a request for negotiation with the purport that it cannot become a party to the negotiation because it is not in a labor contract with the Plaintiff company because its employees belonging to the intra-company subcontractor labor union are not in

Accordingly, in-house subcontractor labor union shall apply for mediation to the National Labor Relations Commission through metal labor union around November 5, 2010, and hold a temporary meeting on November 8, 2010.

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