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(영문) 부산고등법원 2017.01.25 2014나1119
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Defenses prior to the merits of Defendant L;

A. Since the Plaintiff’s assertion maintains the instant lawsuit by unfairly refusing special employment against the Defendant L in violation of the agreement on the withdrawal of the lawsuit from March 21, 2016, the Plaintiff’s lawsuit against the Defendant L should be dismissed as there is no benefit of protecting the rights.

B. According to the evidence No. 11 of the judgment, the Plaintiff and the Defendant Hyundai Motor Branch of Non-regular Workers (hereinafter “Defendant Labor Union”) agreed to withdraw all civil and criminal lawsuits pending before March 21, 2016, and on the premise of this agreement, the Plaintiff’s special employment for union members. However, the Plaintiff’s withdrawal of civil and criminal lawsuits filed against the Plaintiff against the labor union members whose withdrawal of civil and administrative litigation was withdrawn is recognized.

According to the above facts of recognition, in order to implement the above agreement, the withdrawal of civil and criminal lawsuits filed by Defendant L against the Plaintiff must be prior to the withdrawal of such civil and criminal lawsuits, and the fact that Defendant L et al. filed against the Plaintiff was not withdrawn from the lawsuit of Seoul High Court 2014Na51666, and the fact that the lawsuit of confirming the status of workers was pending against the Plaintiff is not disputed between

2. Basic facts

A. The Plaintiff Company is a legal entity engaged in the automobile manufacturing business, etc., and Defendant Y, Z, and AA are the Ulsan Factory of the Plaintiff Company (hereinafter “instant plant”).

(2) Defendant Trade Union is the Plaintiff Trade Union affiliated with the Federation of the National Democratic Trade Union (hereinafter referred to as the “MMM”) composed of the employees belonging to the instant factory subcontractor.

3) Defendant L has worked in the AJ, and Defendant L is a member of the Defendant’s labor union, and the AJ is a company affiliated with the instant plant. B. The grounds for the instant industrial action are as follows: (a) Defendant Labor Relations Adjustment’s transfer all of the employees of the Defendant’s labor union to regular employees of the Plaintiff Company to the Plaintiff Company.

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