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(영문) 서울행정법원 2019.01.10 2018구합61963
부당해고및부당노동행위구제재심판정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include all the parts arising from the participation.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a corporation that employs 35 full-time workers and engages in food waste collection and transportation business.

Plaintiff

D. A trade union established on January 24, 200 (hereinafter “Plaintiff trade union”) is a national-level trade union established on January 24, 200, with approximately 5,000 members nationwide, who are superior organizations, and by nine workers who belong to the Intervenor trade union.

B. Plaintiff A entered the Intervenor Association on November 1, 2012; Plaintiff B on September 1, 2010; Plaintiff C on April 1, 2010; and Plaintiff C on April 1, 2010, respectively, served as the operator of food waste collection and transportation vehicles.

The above plaintiffs (hereinafter referred to as "Plaintiffs") joined the Plaintiff Trade Union on December 13, 2014.

C. Around May 2013, the Intervenor Association: (a) collected and transported food wastes discharged from multi-family housing, general housing, food service business, and meal service facilities within the jurisdiction of G City from July 1, 2013 to June 30, 2015; (b) entered into a service contract for collecting and transporting food wastes to operate washing vehicles for multi-family housing interim collection containers (hereinafter “service contract”); and (c) vicariously performed the duties of collecting and transporting food wastes at G.

G Si concluded a service contract with H (hereinafter “H”) on June 12, 2015, following the procedure for bidding as the Intervenor Union and the service contract expired on June 30, 2015, between July 1, 2015 and June 30, 2017.

H on July 1, 2015, succeeded to the employment of workers employed by the Intervenor union including the Plaintiffs.

E. As the service contract with H expired on June 30, 2017, G City entered into a service contract with H again with the Intervenor Union and from July 1, 2017 to June 30, 2019, following the service contract bidding procedures.

However, the Intervenor Union succeeded to the employment of workers employed at H on July 1, 2017, and "the Plaintiff is a crime of taking property in breach of trust in relation to the performance of its duties."

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