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(영문) 서울행정법원 2020.05.08 2019구합64464
부당노동행위구제재심판정취소
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 establishes the Fsale Agency of E Co., Ltd. (hereinafter referred to as the “instant agency”) on September 6, 199, and entered into a car masters car masters service contract with the owner of an automobile sales agency, and carries out automobile sales and collection of automobiles, claims management, etc.

A person who operates a motor vehicle sales business by concluding a motor vehicle sales service contract with a person.

The Intervenor joining the Intervenor (hereinafter referred to as the “ Intervenor”) is a nationwide industrial trade union, and has a car sales solidarity consisting of the car masters, etc. serving at the nationwide car sales agencies.

B. The Intervenor requested the Plaintiff to conduct collective bargaining in writing on October 18, 2018, but the Plaintiff did not publish the demand.

C. The Intervenor filed an application for remedy with the Gyeonggi Regional Labor Relations Commission on the ground that the Plaintiff’s refusal of collective bargaining by failing to comply with the request for bargaining without justifiable grounds constitutes unfair labor practices.

On December 24, 2018, the Gyeonggi Regional Labor Relations Commission ordered that “the plaintiff immediately suspend any act of refusing collective bargaining, faithfully comply with the collective bargaining with the intervenor, and post a notice on the order of remedy received from the Gyeonggi Regional Labor Relations Commission on the bulletin board of the workplace for up to 10 days.”

(G-H consolidation, hereinafter referred to as the “the first inquiry court of this case”).

The plaintiff is dissatisfied with this and filed an application for review with the National Labor Relations Commission.

On March 27, 2019, the National Labor Relations Commission of the instant agency, a member of the Intervenor, refers to the "Trade Union Act" under the Trade Union and Labor Relations Adjustment Act.

The plaintiff's act of refusing collective bargaining without justifiable grounds is applicable to ordinary workers, and the plaintiff's failure to publicly announce the fact of the intervenor's request for bargaining.

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