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(영문) 울산지방법원 2016.08.18 2015가합21888
징계처분무효확인 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant company as the parties is a corporation that carries on shipbuilding, repair and sales business of a ship, and the plaintiffs are workers who work for the 20th class to 5th class engineer of the shipbuilding business headquarters of the defendant company as the 20th class engineer.

B. On March 5, 2015, the Defendant Company issued a personnel order of the Defendant Company’s personnel management order and the Plaintiffs’ refusal to work, which issued a personnel order of 52 employees from among the five employees belonging to the Joseon Business Headquarters 200, to the preceding 1st page, and 27 employees, to the latter organization, respectively. The Plaintiffs were not subject to personnel order.

However, the Plaintiffs, as a representative of the Defendant Company’s trade union, refused to comply with the personnel order of the Defendant Company and refused to work five times in total from March 5, 2015 to the 111th day of the same month, along with the workers who were subject to personnel order.

C. On June 18, 2015, the Defendant Company’s disciplinary action against the Plaintiffs, following the resolution of the disciplinary committee, refused to issue personnel orders or work instructions to the Plaintiffs, and took three-months of salary reduction on the grounds of disturbance in work order in the workplace that left without permission. On June 26, 2015, the Defendant Company notified the Plaintiffs to the Defendant Company’s Trade Union and the Plaintiffs.

A company and a cooperative under Article 9 (Duty to Notify) of the Regulations on the Collective Agreement and Rules of Employment of a defendant company shall notify each other in writing as soon as any of the following cases arises:

1.(5) Matters to be notified by the Company. 9) Other matters of personnel decisions by the Company are to be established or closed, Article 18 (Personnel Principles) In the application of the principle of personnel affairs to members, the Company shall be fair in accordance with the standards established in this Convention and the personnel regulations and shall not discriminate against or take unfair measures on the ground that it is a member.

2. He/she shall preferentially reflect his/her own intention in relation to the conversion and placement of union members, and if a union files an objection deemed unfair, he/she shall consult with the union;

4. Matters concerning personnel changes of members shall be distributed;

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