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(영문) 서울고등법원 2015.03.26 2012누1725
부당해고및부당노동행위구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The court's explanation concerning this part of the decision on reexamination is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus cites it pursuant to Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure

2. Whether the part concerning unfair labor practices in the decision on reexamination of this case is lawful

A. The Plaintiff’s assertion constitutes an employee under the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”), who works for labor under the subordinate relationship with the Intervenor and lives on the basis of wage, etc., and the Intervenor’s illegal and unfair business trip to the Plaintiff constitutes an unfair labor practice in which the Intervenor gives disadvantages to workers, or controls or intervene in the organization or operation of a trade union on the ground of justifiable acts for joining the trade union or for the work of the trade union.

(B) The plaintiff withdrawn the plaintiff's assertion that he is an employee under the Labor Standards Act on the date of the eighth day of pleading of this Court, and the part concerning the application for retrial of unfair dismissal, which is the content of the plaintiff's argument that the termination of the business trip of this case is unjustifiable, is not determined separately.

Attached Form, such as relevant statutes, shall be as specified.

C. The facts of recognition 1) The intervenor is a company entrusted by the Ministry of Patriots and Veterans Affairs with the operation of D (hereinafter “instant golf course”) located in Yeongdeungpo-gu, Young-gu, G (hereinafter “instant golf course”) to provide golf course users with golf course usage services.

If the business assistant (one-time referred to as the "one-time assistant") of the instant golf course is insufficient, the intervenor shall place an advertisement for recruitment to the Internet or the Gyeonggi Assistant Training Institute, etc., receive the curriculum and a letter of self-introduction from the applicant, and examine the one-lane documents. The head of the sports team of the intervenor, the sports assistant manager, and the sports assistant manager (one-time "one-time"; hereinafter referred to as the "one-time assistant").

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