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(영문) 울산지방법원 2016.05.12 2015구합6143
허가처분취소청구
Text

1. The plaintiff's claim is dismissed.

2. The Plaintiff, including the part arising from the third party’s participation in the lawsuit.

Reasons

1. Details of the disposition;

A. On November 20, 1990, the Plaintiff is a unit trade union by industry, which has reported the establishment of a trade union, and 920 workers engaged in loading and unloading in a harbor in the Ulsan-si area. The Plaintiff is affiliated with the National Port Trade Union Federation affiliated with the Korea Federation of Trade Unions.

The Plaintiff has exclusively supplied its members as daily workers to harbor transport enterprises in Ulsan District with the permission of labor supply business from the Defendant (the date of the latest permission, July 31, 2015).

On December 2, 2014, an intervenor filed an application for new domestic labor supply business with the Defendant on December 22, 2014 pursuant to Article 33 of the Employment Security Act. However, on January 29, 2015, the Defendant rendered a disposition rejecting the Intervenor’s application on the ground that it is anticipated that additional permission for a labor supply business entity is likely to cause excessive supply of human resources and that it is difficult to lower the working conditions and to maintain employment stability due to excessive competition between labor unions.

C. On April 14, 2015, an intervenor dissatisfied with the above disposition and filed an administrative appeal with the Central Administrative Appeals Commission. On July 21, 2015, the Central Administrative Appeals Commission ruled that the defendant's refusal to grant new labor supply business permission against the intervenor was an abuse of discretionary power and rendered a decision to revoke the disposition, considering the number of the intervenor's union members, the quantity of Ulsan Port cargo, the monthly ordinary wage of the plaintiff's union members, the average number of loading and unloading work inputs, and the number of loading and unloading operations by the plaintiff's union members.

On August 3, 2015, the Defendant rendered a new permission for domestic labor supply business (hereinafter “instant disposition”) to the Intervenor on August 3, 2015 in accordance with the purport of the said ruling.

【Legal basis for recognition】

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