[1] The scope of the Labor Relations Commission's determination where the specific extent and contents of the relief to be claimed are not specified in the application for remedy against unfair labor practices or unfair dismissal, etc.

[2] The case holding that the "application for remedy of unfair labor practice" submitted to the Regional Labor Relations Commission includes not only the unfair labor practice but also the application for remedy against unfair dismissal

[1] According to the rules of the Labor Relations Commission, an employer or a trade union whose rights are infringed by unfair labor practices, and an employer who is subject to dismissal, temporary retirement, suspension from office, change of position, reduction of salary, or other disciplinary action without justifiable cause shall include "specific facts constituting unfair labor practices or dismissal without justifiable grounds, etc., and the contents of relief to be claimed." However, the "matters of relief to be claimed" should not be strictly interpreted as those of the civil procedure claims, but it can be possible to find out which relief is sought in light of the whole purport of the application. Thus, the Labor Relations Commission may, at its discretion, issue an order for remedy recognized as appropriate and reasonable in response to specific facts applied for by the Labor Relations Commission. Thus, even if the contents of relief are not specified in the application for remedy, if the employer claims specific facts that constitute unfair labor practices stipulated in the pertinent laws or dismissal, temporary retirement, suspension from office, change of position, salary reduction, or other disciplinary action without justifiable grounds, it shall be deemed that the application for remedy is also filed.

[2] The case holding that the "application for remedy of unfair labor practice" submitted to the Regional Labor Relations Commission includes not only the unfair labor practice but also the application for remedy against unfair dismissal

[1] Article 19(1)(see current Article 3(1)) of the former Labor Relations Commission Act (amended by Act No. 531, Mar. 13, 1997); Article 20, Article 36 of the Labor Relations Commission Regulations (see current Article 13(1) of the Labor Relations Commission Regulation No. 13, Nov. 23, 1995); Article 19, and Article 36 of the former Labor Relations Commission Regulation No. 19, Article 39 subparag. 1 (see current Article 81 subparag. 1, 31, 196); Article 5 (see current Article 81 subparag. 5, current Trade Union and Labor Relations Adjustment Act); Article 19(3) of the former Labor Relations Commission Act (see current Article 93(1) of the Labor Relations Commission Regulation No. 9, Dec. 31, 1996); Article 19(3) of the former Labor Relations Commission Act (see current Article 93(1) of the Labor Relations Commission Regulations) of the Labor Relations Commission Act)

Plaintiff Co., Ltd. (Attorney Jeon-soo, Counsel for the plaintiff-appellant)

The Chairperson of the National Labor Relations Commission

Seoul High Court Decision 97Gu41945 delivered on May 1, 1998

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

According to the rules of the Labor Relations Commission, a request for remedy submitted by an employer for dismissal, temporary retirement, suspension from office, change of position, reduction of pay, or other disciplinary action from an employer to the Regional Labor Relations Commission without justifiable cause shall include "unfair labor practices or specific facts constituting dismissal without justifiable cause" and "the contents of remedy to be claimed". However, "the contents of remedy to be claimed" shall not be strictly interpreted as the purport of civil action, but it is possible to find it possible to find out what kind of remedy is being sought in light of the whole purport of the request. Thus, the Labor Relations Commission may order remedy which is deemed appropriate and reasonable in response to the specific facts applied at its discretion. Thus, even if the contents of the request for remedy are not specifically specified, if the Labor Relations Commission claims specific facts that constitute unfair labor practices prescribed by the relevant laws and regulations or dismissal, temporary retirement, suspension from office, change of pay, or other disciplinary action without justifiable grounds, it shall be deemed that the request for remedy is also filed.

The court below rejected the plaintiff 1's application for remedy of unfair labor practice on the ground that the non-party 1 and the non-party 2 (the non-party 1 et al.) were included in the non-party 1'Seoul District Labor Union No. 996, Aug. 24, 1996 and Sep. 25, 196, the non-party 1 et al. submitted the same application for remedy of unfair labor practice to the non-party 9, and the non-party 1'the non-party 2's application for remedy of unfair labor practice to the non-party 9, which was non-party 1 and the non-party 1's non-party 4's non-party 9's non-party 1's non-party 9' which was non-party 1 and the non-party 2's non-party 9's non-party 1' which were non-party 1 and the non-party 1'the non-party 9's non-party 1's non-party 97 grounds for remedy.

On the other hand, the decision of the court below as to whether the above dismissal was unfair in the decision of the retrial of this case is lawful since it was made upon the application of Nonparty 1, etc.

In addition, the non-party 1 et al. asserted that the request for remedy against the above Regional Labor Relations Commission was unfair and that it was unfair only when the request for review against the National Labor Relations Commission was filed. Thus, it cannot be deemed that the request for remedy against the unfair dismissal was filed three months after the date of dismissal, which is the exclusion period, and the grounds of appeal for appeal cannot be accepted.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.

Justices Shin Sung-sung (Presiding Justice)