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(영문) 서울고등법원 2014.09.05 2013누25988
부당노동행위구제재심판정취소
Text

1. Of the judgment of the first instance court, the part against the plaintiffs falling under the order to revoke is revoked.

Reasons

1. Details of the disposition;

A. Status of the parties 1) The Intervenor joining the Defendant (hereinafter “ Intervenor”)

(2) The Plaintiff’s National Metal Trade Union (hereinafter “Plaintiff’s Trade Union”) is established on February 8, 2001 and its superior organization is the National Democratic Trade Union Federation of Korea (hereinafter “National Democratic Trade Union”), which is established on October 14, 1986; Plaintiff A is the Plaintiff’s company engaged in the manufacturing business of automobile parts; Plaintiff B is the Plaintiff’s company on December 11, 1995; and Plaintiff C is the company engaged in the manufacturing business of each participant on April 1, 1987.

3) The Plaintiff Trade Union and Labor Relations Adjustment Co., Ltd. (hereinafter referred to as the “instant sub-sub-sub-substation”) comprised of the participants belonging thereto.

2) On January 11, 2012, the Intervenor dismissed the Plaintiff A, B, and C (hereinafter “instant dismissal”) on the following grounds: (a) the Plaintiff’s chapter chief; (b) the Plaintiff’s site chief; and (c) the Plaintiff’s petition for dismissal and remedy; and (b) the Plaintiff A, B, and C (hereinafter “instant dismissal”).

Plaintiff

A and B : Violation 1 of Article 4(3)1, 7, 10, and 13 of the Disciplinary Rule 7: When a company without permission commits an act of assembly, speech, broadcasting, distribution of documents, propaganda or the attachment of documents, or other similar act within the company: 10: when the company does not perform the order or direction or when it is caused by intention or gross negligence, or when a superior is punished by deception or intimidation within the company: A 13: A 2, 10, 13 of the Disciplinary Rule 4(2)2, 4(3)10, and 13 of the Plaintiff C’s Disciplinary Rule 13: When a person who has induced or responded to the requirement by inducement, intimidation, etc. in the company, or who has induced from the workplace without permission during working hours: When he deserts from the workplace without permission during working hours: When he fails to perform the order or direction, or has urged or threatened a superior.

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