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(영문) 서울북부지방법원 2017.09.21 2016가합25441
정규직(일반직)전환이행청구등의소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) On November 1, 2003, the Defendant is a cooperative established by the merger of the Seoul Gyeonggi-do Livestock Industry Cooperatives, Gwangju Jeonnam-do Livestock Industry Cooperatives, and Daegu Gyeongbuk-do Livestock Industry Cooperatives with the aim of enhancing the economic, social, and cultural status of its members who run the Yangyang-do business. 2) On May 1, 2006, the Plaintiff was converted into a contractual position on May 2, 2008 while working as part-time workers on May 1, 2006. On January 1, 2010, the Defendant was converted into a contractual position (non-regular workers who concluded an employment contract without a fixed period) and currently worked at the Defendant’s B branch.

B. Labor-management consultation process 1) The defendant around June 14, 2004 (hereinafter "the first labor union of this case") shall be the Korea National Livestock Cooperatives Federation of Gyeyang-gu (hereinafter "the National Livestock Cooperatives of this case").

B) As to the issue of non-regular workers, the labor and management agreed to convert the non-regular workers into regular workers by step (the employment ratio shall be implemented separately by the labor and management). (2) The Defendant agreed to convert the total number of 34 non-regular workers into the regular workers (the number of the general workers 19 and 15) from May 11, 2005 to the 2010.

The Defendant, around October 30, 2008, between the National Livestock Industry Cooperatives Union and the term of validity, and between March 20, 2008 and March 20, 2010 (hereinafter “instant collective agreement”) set forth in the collective agreement between March 20, 2008 and March 20, 2010 (hereinafter “instant collective agreement”).

The details of this case are as follows. A cooperative, Article 22-1 (Transfer), among workers in technical service, shall determine the specific matters concerning the transfer of those who are engaged in general service to general service after entering into a contract with a person who is engaged in general service from among those employed in technical service, through a labor-management consultation with a branch office.

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