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The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport.
Reasons
1. Basic facts
A. The defendant company was established for the main purpose of telecommunications business on September 12, 2007, and was operated as CY Internet Customer Center (agency).
B. From October 25, 2010 to June 30, 2017, the Plaintiff performed the duties of an Internet opening engineer with respect to the Defendant Company.
C. Meanwhile, there was a dispute on the working environment between the cooperation company and its employees, and in order to resolve such dispute, cooperation company C including the Defendant company and its branch offices made an agreement as follows (hereinafter “instant collective agreement”) on April 17, 2015.
C The cooperative company shall newly employ members who wish to become members of the company at the time of termination of the contract with the subcontractor.
The company shall pay the subcontractor's fee adjusted at the same level as the wage increase of its employees.
A labor-management shall withdraw all civil and criminal lawsuits and administrative appeals filed against a company (including a company's partner and subcontractor)'s business, labor-management relations, labor disputes, wages and retirement allowances, etc. within 15 days after the end-up mediation, and shall not file a lawsuit or appeal against the company's business affairs, labor-management relations, labor disputes, wages and retirement allowances, etc. before April 2015.
This includes the movement between the company, partner, and subcontractor.
The company shall pay the total amount of KRW 3.5 million to the opening engineer, KRW 2.95 million to the disabled engineer, KRW 2.4 million to the disabled worker, and KRW 1.5 million to the internal worker, respectively, with all civil, criminal, and administrative immunity, such as retirement pay, annual leave pay, overtime, night, holiday work pay, 4th insurance charges, various allowances, and interest in arrears.
A member shall present a written oath that he/she does not raise any civil, criminal or administrative objection with respect to the main case in the future before he/she pays the immunity.
In the case of a member in charge of opening the affairs belonging to the company, the contractual relationship with the company shall be terminated.