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(영문) 서울고등법원 2017.06.28 2016재나905
기타(금전)
Text

1. The request for retrial of this case is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Although the lawsuit of the first instance that the Plaintiff asserted against the Defendant is an administrative case that confirms that the Plaintiff was at a disadvantage in relation to his status as a result of trade union activities, and was transferred to the administrative court, which is the competent court, it should have been transferred to the administrative court. However, this court, which dealt with the judgment of the first instance court, has tried on the judgment of the appellate court as to the judgment of the civil case, which dealt with the judgment of the first instance court, which constitutes a ground for retrial under Article 451(1)1 of the Civil Procedure Act.

2. The plaintiff is the cause of the claim in the first instance court, and the plaintiff, a member of the defendant's association, was at a disadvantage in relation to the status of union activity, which is "the defendant's disciplinary action" to be taken at the end of his activities for improving working conditions. Thus, Article 12 of the Rules of the defendant and subparagraph 1 of the attached Table of the Guarantee of Status to the defendant's right to be guaranteed the defendant's status pursuant to Article 12 of the Rules of the defendant and subparagraph 1 of the attached Table of the Guarantee of Status Guarantee Rules, and sought compensation for the defendant's loss amount to KRW 20,00,100 and damages for delay. As a civil case, the appellate court's judgment and the judgment of the appellate court's judgment on the above

3. In conclusion, the plaintiff's request for retrial of this case is dismissed as it is without merit. It is so decided as per Disposition.

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