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(영문) 서울행정법원 2012.05.31 2011구합28967
부당해고구제재심판정취소
Text

1. On July 22, 2011, the National Labor Relations Commission merged between the Plaintiffs and the Intervenor joining the Defendant with Annex 2011.

Reasons

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) as stated in the Disciplinary Reason No. 1 attached Table 20, December 20, 2010, as of December 20, 2010 (the holding of the first instance court disciplinary committee on December 16, 2010, the holding of the Review Disciplinary Committee on December 23, 2010) of the date of the disposition of workers within the company status as shown in the attached Table 1, including the content of the 211 full-time workers working at the beginning (hereinafter referred to as the “instant disciplinary action”), including the number indicated in the grounds for the disciplinary action (hereinafter referred to as the “instant disciplinary action,” and specified as the number indicated in the grounds for the disciplinary action) - citing unfair request for relief from the disciplinary committee established under Article 22 of the Convention - No. 120 of the Framework Convention on the Organization Organization, which does not provide any opportunity to vindicate the person subject to disciplinary action - All legitimate grounds for the dismissal of the disciplinary action during the period of the first instance.

1. Circumstances concerning the wrongful disciplinary measure in the decision on reexamination of this case;

2. Whether the part of the decision on reexamination of this case was lawful

A. (A) On November 15, 2006, the Intervenor entered into a collective agreement with H trade union, a company-level trade union (hereinafter “instant collective agreement”). On November 4, 2008, H trade union changed its structural structure into H branch of the Korean Metal-nam Branch of the Korean Metal Trade Union (hereinafter “instant trade union”).

(B) Although the Intervenor notified the termination of the instant collective agreement to the instant trade union on June 19, 2009 and lost its validity, the part on the procedure for dismissal under the instant collective agreement still remains as the content of the individual worker’s labor contract.

(C) The instant disciplinary action is prescribed by the instant collective agreement as follows.

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