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(영문) 대구지방법원경주지원 2013.09.13 2012가합75
해고무효확인 등
Text

1. The Defendant’s dismissal against the Plaintiff on December 6, 2011 confirms that it is null and void.

2. The defendant shall be the plaintiff.

(a) 28.

Reasons

1. Basic facts

A. 1) Status of the parties to the dispute 1) C Trade Union (hereinafter “C Trade Union”)

) The metal industry union is a nationwide industrial trade union composed of workers engaged in the metal industry with its organization, and C.M. racing branch D branch (hereinafter “D branch”).

A) The Defendant’s employees are the branch of the CNool racing branch consisting of the Defendant’s employees, and B Trade Union (hereinafter “Bnool”).

(C) As seen below, a trade union was established through a resolution of restructuring at the D Branch on May 19, 2010. (2) The Defendant is a company operating the design, manufacture, sales business, etc. of automobile industrial parts, and the Plaintiff is a member of the D Branch Committee, who was employed by the Defendant Company on November 11, 1991 and worked in the FT for passenger factories.

B. On February 4, 2010, the Defendant refused to perform overtime work and night work with the consent of 92% on February 5, 2010, the Defendant refused to perform overtime work and night work with the consent of 92% on the part of the union members’ vote, and refused to perform overtime work and night work with the consent of 92% on February 5, 2010, the five workers who wish to convert their production from among 13 workers in the guard service of the factory assigned their production positions to their production positions and the remainder to take exclusive charge of the business of 2 factory security at the 12 factory. The D Branch refused to perform overtime work and night work with the consent of 10% on February 9, 2010 to December 10, 2010.

3) On February 16, 2010, the Defendant, against an industrial action, carried out a partial lock-out from February 16, 2010 to prohibit the Defendant’s passenger-use factory and the entire commercial factory from completely entering the D branch’s association members. C. 1) The lock-out was long-term.

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