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(영문) 서울행정법원 2018.09.14 2017구합77091
부당노동행위구제처분취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

I. Details and details of the retrial ruling;

A. On December 20, 200, the Plaintiff established a F agency of E Co., Ltd. (hereinafter “E”) (hereinafter “instant agency”) and run a motor vehicle sales business until now.

C. On January 3, 2011, D entered into a car sales service contract with the Plaintiff on November 26, 2006, and after entering into the instant agency, C refers to a sales salesperson who enters into a car sales service contract with the automobile sales agent (hereinafter referred to as “agency”) and carries out automobile sales and collection of automobiles, claims management, etc.

The Plaintiff, the Defendant, and the Intervenor trade the name of the car masters, and thus, the Plaintiff, and the Intervenor are also referred to as the car masters.

work as such.

(hereinafter referred to as “the instant workers”). B.

The intervenor is a national trade union at which the car masters serving at the car sales agencies nationwide are organized.

On September 18, 2015, the intervenor received a trade union establishment report from the Seoul Regional Employment and Labor Agency on September 18, 2015.

The instant workers joined the Intervenor.

C. On July 25, 2016 and November 24, 2016, the Plaintiff notified the instant workers of termination of the contract, and the same month as on December 6, 2016.

8. The contract with the instant workers was terminated by deleting the resignation of the instant workers.

(hereinafter “instant termination of the contract”). D.

The Intervenor and the instant workers asserted that “The Plaintiff’s termination of a car sales service contract to the instant workers on the grounds of the Intervenor’s participation activity and the withdrawal from the Intervenor constitutes unfair labor practices under subparagraphs 1 and 4 of Article 81 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).” and filed an application for remedy with the Jeonbuk Regional Labor Relations Commission on February 22, 2017.

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