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(영문) 대법원 2015.07.23 2011두18359
부당노동행위구제재심판정취소
Text

All appeals are dismissed.

The costs of appeal by the Defendant joining the Defendant are assessed against the Defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Defendant’s ground of appeal

A. Examining the legal principles and records on the employee status of the instant golf course game assistant, it is difficult to view that the game assistant performing the sports support business for visitors in the instant golf course operated by the Intervenor joining the Defendant (hereinafter “ Intervenor”) constitutes a worker under the Labor Standards Act.

However, it shall be deemed as a worker under the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union and Labor Relations Adjustment Act”).

(Supreme Court Decision 201Da78804 Decided February 13, 2014; Supreme Court Decision 2010Du29284 Decided February 27, 2014; Supreme Court Decision 2011Du23139 Decided March 27, 2014; Supreme Court Decision 2011Du23139 Decided March 27, 2014; Supreme Court Decision 2012Du28322 Decided March 27, 2014). According to the reasoning of the judgment of the lower court and the first instance judgment cited by the lower court, the lower court determined that Plaintiff A, B, and C (hereinafter “A, etc.”) who is a sports assistant of the instant golf course constitutes an employee under the Labor Standards Act, is justifiable, and the lower court’s recognition of employee status under the Trade Union and Labor Relations Adjustment Act against Plaintiff, etc. is ultimately justifiable, and thus, does not affect the conclusion of the judgment.

B. According to the reasoning of the judgment of the court below and the judgment of the court of first instance cited by the court below as to whether a business trip reservation disposition was an unfair labor practice, the court below determined that the pertinent business trip reservation disposition was an unfair labor practice that governss and controls the trade union activities of the branch members of the instant case and recognized the intent of unfair labor practice.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable, and contrary to what is alleged in the grounds of appeal, logical and empirical rules.

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