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(영문) 청주지방법원 충주지원 2018.06.14 2017가단22028
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

Basic Facts

The plaintiffs and the defendants are members of the headquarters for special employment and solidarity (hereinafter referred to as the "cargo solidarity") which belongs to the Democratic Labor Union and the National Public Transport Trade Union.

The Defendants are the members of the Council of the Audio Jincheon Branch of the Chungcheongbuk Branch. Defendant C is the chief of the division, Defendant G is the chief of the division, Defendant G is the chief of the organization, Defendant D is the Kimcheon General, Defendant H is the Kimcheon General, Defendant F is the voice general, Defendant E, and I are the promotion.

On December 20, 2016, the Plaintiffs were subject to a disposition of expulsion on the ground that “the Plaintiffs violated the central integration guidelines during the total period of the cargo solidarity (from October 10, 2016 to October 19, 2016) and exercised verbal abuse and violence at the time of education of the cargo solidarity at an extraordinary general meeting of the J Council.”

(hereinafter “instant expulsion disposition”). Since then, the Plaintiffs raised an objection to the instant expulsion, and the cargo joint and several employees revoked the expulsion disposition on February 10, 2017.

【In the absence of dispute, there is a content that the plaintiffs' arguments in Gap evidence Nos. 4 and 11 (including the virtual number; hereinafter the same shall apply) were subject to disciplinary action due to false facts, but when considering the contents written in the calculation of damages as a whole, it is determined that the relevant part is not independently asserted as tort (No evidence exists as to the claim for disciplinary action based on false facts in this case). The plaintiffs were subject to the disposition of expulsion of this case according to the disciplinary action claim based on the defendants' false facts, and even if the expulsion disposition was revoked on the ground that there was no suspicion, the defendants prevented the defendants from allocating the volume of the cargo to the plaintiffs without any grounds, using the fact that all of the cargo transport of the J-Subdivision was actually malicious.

Since the plaintiffs did not perform any act due to these illegal acts of the defendants, the defendants are liable to compensate the plaintiffs for their illegal acts.

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