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(영문) 서울행정법원 2014.01.16 2013구합54809
부당해고 및 부당노동행위 구제 재심판정 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of the disposition;

A. According to Article 43(3) of the Housing Act, the Intervenor’s Intervenor’s Intervenor (hereinafter “ Intervenor”) is a council of occupants’ representatives comprised of the representatives from each Dong of 15 Dong-dong 1,963, 15 Dong-dong 15 Dong-dong 1,963.

(2) Plaintiffs A, B, C, D, E, F, G, H, I, J, K, and L (hereinafter “the Plaintiffs of this case”) are employed by the Intervenor to autonomously manage the instant apartment, and the Plaintiff M&A (hereinafter “Plaintiff Union”) is the Plaintiff A, a company-level trade union composed of the Plaintiffs of this case.

B. On September 19, 2012 and October 15, 2012, the Intervenor notified individual Plaintiffs of the termination of the employment contract (hereinafter “instant dismissal”) to the effect that “as the instant apartment management method was changed from self-management to entrusted management, the labor contract entered into with He was terminated on November 11, 2012. If the Intervenor wishes, the Intervenor would be able to cooperate with the Intervenor as much as possible so that he would be employed preferentially at the time of hiring the employee of the entrusted company, and if the Intervenor wishes to become a member of the entrusted company by November 9, 2012, the Intervenor would contact the Intervenor by November 201, 201” (hereinafter referred to as the “instant dismissal”).

C. On November 30, 2012, the Plaintiffs asserted that the dismissal of the instant case is unfair, and the Plaintiffs asserted that the dismissal of the instant case is unfair, and the Plaintiffs were unfair labor practices committed by disadvantageous treatment and intervention in the control, and on November 30, 2012, the Busan Regional Labor Relations Commission (hereinafter “Seoul Regional Labor Relations Commission”) filed an application for remedy from unfair dismissal and unfair labor practices (merger 582/No56). On February 5, 2013, the Busan Regional Labor Relations Commission accepted the application for remedy from unfair dismissal of the instant individual Plaintiffs, and made a decision to dismiss the application for remedy from unfair labor practices by the Plaintiffs (hereinafter “the initial trial court of the instant case”).

On February 25, 2013, the Plaintiffs were to engage in unfair labor practices during the first inquiry tribunal of the instant case.

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