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(영문) 서울행정법원 2019.09.27 2019구합65863
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. On June 1, 1998, the Plaintiff established a D Co., Ltd. (hereinafter “D”) E-sales Agency (hereinafter “instant agency”) and entered into a car sales service contract with a car sales agent and entered into a car masters agreement with a car sales agent, and carries out automobile sales and collection of automobiles, claims management, etc.

16 persons who operate a motor vehicle sales business with more than 16 persons.

B. The Intervenor, as an industrial trade union at the national level, was a nationwide-level trade union with the organization of “car masters” serving at the nationwide automobile sales agencies. The Intervenor was issued a trade union establishment report to the Seoul Regional Employment and Labor Office on September 18, 2015, and received a trade union establishment report, and changed its structural form on May 30, 2018. The Intervenor was established, and part of the car masters belonging to the instant agency was admitted as its members.

C. On October 2, 2018 and October 10, 2018, the Intervenor requested the Plaintiff to conduct collective bargaining in writing pursuant to the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) and the Enforcement Decree of the same Act.

On November 1, 2018, an intervenor asserted that the Gyeonggi Regional Labor Relations Commission refused collective bargaining without good cause, and filed an application for remedy for unfair labor practices.

On December 24, 2018, the Gyeonggi Regional Labor Relations Commission rendered a first inquiry court citing an intervenor's request for remedy on the ground that "the car masters of the instant agency, a member of the intervenor, constitutes workers under the Trade Union Act, and the Plaintiff's refusal to conduct collective bargaining by the intervenor constitutes unfair labor practices since there is no justifiable reason to reject collective bargaining by the intervenor."

Gyeonggi-do 2018 Subno72-75 combined). E

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

The National Labor Relations Commission on March 27, 2019 shall be liable for the same reasons as the above initial inquiry tribunal.

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