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(영문) 서울행정법원 2015.09.03 2014구합75209
부당정직 및 부당노동행위 구제 재심판정 취소
Text

1. On November 17, 2014, the National Labor Relations Commission (hereinafter “National Labor Relations Commission”) between the Plaintiff and the Defendant joining the Defendant, with the central2014 Supplementary Notes 187, Mano120, respectively.

Reasons

The plaintiff as a party to the decision of this case was established on July 16, 1999 and employs 800 full-time workers, and is engaged in the design, manufacture, sale, etc. of automobile industrial parts. The intervenor A was employed on May 8, 1995, and the intervenor B was employed on November 11, 1991 as a technical employee, respectively.

(hereinafter referred to as “participating workers” in both the Intervenor A and B. The Intervenor’s National Metal Trade Union (hereinafter referred to as “ Intervenor’s Trade Union”) is a national-level industrial trade union consisting of workers engaged in the nationwide metal-related business, and the Korean Metal Trade Union and its branch (“ Intervenor’s Trade Union and its branch”) is an affiliate organization of the Intervenor’s Trade Union and its branch consisting of the Intervenor’s employees, including the Intervenor’s employees, and the Intervenor’s employees working for the Plaintiff Company.

From March 6, 2014, the Plaintiff: (a) installed a container stuff between the passenger factory building with the Intervenor’s labor union branch office and the main building; and (b) took measures to cut the sprink to the Intervenor’s labor union branch office around April 2014.

On May 2, 2014, the Plaintiff taken the instant disciplinary action against the Intervenor’s employees on May 2, 2014, on the ground that the Intervenor’s continued hostings in the restaurant for commercial factory employees, despite the Plaintiff’s request for suspension through several times, constitutes an act that disturbs the order of the workplace, and thus, the Intervenor’s employees was placed on 15th day after attending school.

(hereinafter “instant disciplinary action”). On May 7, 2014, participants in the first inquiry tribunal of the Gyeongbuk Regional Labor Relations Commission filed an application for remedy with the Gyeongbuk Regional Labor Relations Commission on the ground that the instant disciplinary action, the establishment of the said frid and the measures for cutting-down of leaflets constituted an unfair disciplinary action and unfair labor practice. The Gyeongbuk Regional Labor Relations Commission on July 8, 2014.

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