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(영문) 서울행정법원 2015.03.12 2014구합16491
부당해고및부당노동행위구제재심판정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

The party status intervenor in the process of the instant decision on review was established on December 1, 2005 and engaged in funeral agency business, etc. using 80 full time workers, and the Plaintiff Seoul General Trade Union (hereinafter “Plaintiff Trade Union”) changed the organization of the Plaintiff Trade Union to B branch of the Plaintiff Trade Union on March 14, 2014, and the Plaintiff A worked as the chairperson of the Plaintiff Trade Union from May 23, 2013 to the representative leader of the Intervenor on May 1, 2010.

Plaintiff

On March 5, 2014, following the resolution of the disciplinary committee, the instant dismissed intervenor against A was subject to disciplinary action against the Plaintiff A on the ground that each of the following offenses is in violation of Articles 46 and 77 of the Intervenor’s Operation Regulations and Article 4 of the Employment Contract:

(2) On March 10, 2014, the first inquiry court of the Seoul Regional Labor Relations Commission rejected the plaintiffs' request for remedy on the ground that the dismissal of the plaintiffs in this case was unfair dismissal and unfair labor practices on March 10, 2014, arguing that the dismissal of the plaintiffs in this case was unfair dismissal and unfair labor practices due to unfair dismissal and trade union activities, but the Seoul Regional Labor Relations Commission dismissed the plaintiffs' request on May 8, 2014, on the ground that the dismissal of the plaintiffs in this case did not constitute fair and unfair labor practices.

The Plaintiffs, who were dissatisfied with the above dismissal decision of the National Labor Relations Commission, filed an application for reexamination with the National Labor Relations Commission on June 2, 2014, but the National Labor Relations Commission made an application for the same reasons as the Seoul Regional Labor Relations Commission on August 6, 2014.

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