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(영문) 서울행정법원 2021.02.05 2018구합51997
부당해고및부당노동행위구제재심판정취소
Text

All of the plaintiffs' claims are dismissed.

All costs of lawsuit shall include the parts resulting from the participation in the subsidy.

Reasons

1. The background of the decision on the retrial of this case

A. The Intervenor was a stock company established on January 3, 2008 for the purpose of the repair and service business of electronic equipment and household appliances (hereinafter “G”), and was entrusted by G Co., Ltd. (hereinafter “F”) with the repair business of electronic equipment in the area adjacent to Yeongdeungpo-si (hereinafter “G”). From March 2008, G Co., Ltd. (hereinafter “G”).

See Evidence 68 No. 68: Provided, That in light of the evidence No. 1 in B B, the consignment contract between the intervenor and G was terminated by September 2018, or terminated by March 2019.

Plaintiff

B On February 8, 2001, a trade union is a superior organization to a national industrial trade union, which is established with the organization of workers engaged in H-related industries, as a nationwide industrial trade union. On July 4, 2013, the J Branch (hereinafter “instant branch”) was established and operated by the Intervenor’s employees.

Plaintiff

A, who is employed by the Intervenor on January 201, 201 and is engaged in the repair work of electronic equipment, was in the position of the president by opening a branch office of the instant branch office (hereinafter “instant branch office”).

나. 참가인은 2017. 5. 8. 원고 A에 대하여 ‘ 가. 2014. 1. 17. 인터넷 팟 캐스트 방송을 이용한 명예훼손 및 허위사실 유포,

B. The grounds for the instant disciplinary action are as follows: (a) a representative assault on September 21, 2015 in the order of the grounds for the disciplinary action (hereinafter “instant grounds for disciplinary action”).

In addition, the dismissal was notified on June 15, 2017 (hereinafter “instant dismissal”) with a general term “each of the grounds for the instant disciplinary actions” (hereinafter “instant dismissal”).

The plaintiffs asserted that the dismissal of this case constituted unfair dismissal, unfair disadvantage and unfair labor practices in the control and intervention, and filed an application for remedy with the Seoul Regional Labor Relations Commission.

The Seoul Regional Labor Relations Commission did not recognize the grounds for the disciplinary action No. 1 among the grounds for each of the instant disciplinary actions on August 16, 2017, but recognized the grounds for the disciplinary action No. 2 as a representative assault on September 21, 2015 and determined the disciplinary action.

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