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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
The basic fact is that the defendant employs approximately 460 workers working for the non-party company (including about 700 workers belonging to the non-party company as seen below) and carries on the manufacturing business of fertilizers, etc. The defendant's composite fertilizer factory is a place where 20 raw materials, such as nitium, nitrogen, chloium, and roof, are produced.
Plaintiff A entered the E Co., Ltd. (hereinafter “E”) on June 9, 1997, and the affiliation was changed to F Co., Ltd. (hereinafter “F”) on March 1, 2001, and the affiliation was changed to E again on February 1, 2008.
Plaintiff
B was employed in E on April 11, 1996, and the affiliation was changed to F on March 1, 2001.
Plaintiff
C was employed in E on January 17, 200, and the affiliation was changed to F on June 1, 2007, and the affiliation was changed to E on February 1, 2008.
At the time of the above-mentioned change, the Plaintiffs’ wages and all the working conditions were to be succeeded to by the changed company as it is. From June 9, 1997, Plaintiff A had been employed as a production worker in the Defendant’s composite fertilizer plant that entered into a contract with Plaintiff B from April 11, 1996, Plaintiff C, and Plaintiff C from January 17, 2000 to E and F (hereinafter collectively referred to as “foreign company”).
The non-party company entered into a collective agreement on wages and working conditions with the labor union in the company, employed new workers by giving public notice of employment under the name of the non-party company, and exercised its own right to discipline the employees.
In addition, the non-party company directly paid wages to its employees and carried out its own business activities, such as collecting and paying wage and salary tax, and year-end year-end settlement. The non-party company purchased four insurance in the name of each representative and paid individual business income.
The plaintiffs filed a petition against the defendant with the Gwangju Regional Labor Office on February 21, 2008, and on December 9, 2008.