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(영문) 서울고등법원 2019.01.11 2017누74728
부당징계구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the following parts, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary decision of the court of first instance 6] The part of the strike of this case 5 '2' below is reversed as follows. 2) The strike of this case is unlawful in the procedure by being carried out without going through a separate mediation procedure and a separate vote of union members for and against the union members, and even if the pro-con voting for the first strike of this case is a pro-con voting for the first strike of this case, the above pro-con voting was carried out before the mediation procedure is completed. Thus, the above pro-con voting was carried out without going through the mediation procedure.

On the 13th page of the judgment of the first instance, the “A” at the last stage of the judgment is advanced into “M”.

The part of the judgment of the court of first instance, 19 to 12, “M does not need to go through or go through,” is as follows.

A) First, a separate application for mediation and a vote for pros and cons cannot be deemed necessary in the instant strike. This is because M is the pros and cons voting for union members regarding wage negotiations from November 20, 2013 to November 22, 2013 (hereinafter “instant pro and cons voting”).

B. On February 25, 2014, wage negotiations in 2013 and the pending issues in the instant case

As seen earlier, the fact that the strike of this case was conducted as a requirement is identical to the fact that the strike of this case was conducted, and thus, the demand for wage negotiations in 2013 is important.

It is difficult to view that there is no connection with the voting of the pros and cons of the instant case included in the agenda, and even if a new dispute, such as the pending issues, was added, it can be seen that the wage negotiations of 2013, which fall under the main purpose of the instant strike and working conditions, are not resolved, since the dispute arising at the time of the first strike is not resolved. As such, the labor dispute is already inconsistent with the assertion on working conditions.

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