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(영문) 서울행정법원 2018.09.14 2017구합88176
부당노동행위구제재심판정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

I. Details and details of the retrial ruling;

A. On August 1, 1995, Plaintiff A established E Co., Ltd. (hereinafter “E”) Dong village agency (hereinafter “instant agency”) and run the automobile sales business until now.

Plaintiff

B is operating the instant agency jointly with the Plaintiff from November 2013.

D After entering into a car sales service contract with the Plaintiff on December 31, 2009, the car masters “car masters” in the instant agency refers to the car masters who enter into a car sales service contract with the automobile sales agency owner (hereinafter “agency owner”) and perform the duties of car sales, car collection, and bond management.

Since the plaintiffs and the defendant trade the name "car masters", they are referred to the automobile sales agents as "car masters". Thus, they are also referred to in the following.

work as such.

B. The intervenor is a national-level trade union whose target is the car masters serving at the car sales agencies nationwide.

On September 18, 2015, the intervenor received a trade union establishment report from the Seoul Regional Employment and Labor Agency on September 18, 2015.

D was admitted to the Intervenor in January 2016.

C. On March 20, 2017, Plaintiff A notified D of the termination of the car sales service contract with the following contents:

(hereinafter “instant termination of the contract”). 3. As of March, 2015, the instant agency reduced by 4.9% in 2016 compared to the year 2015, and 17.1% in the second half of the year 2016 compared to the first half of the year 2016. On the other hand, the agency’s productivity per capita in 2016 is 6.9 units per capita in 2016. On the other hand, the agency’s performance significantly differs as 1.8, and thus, the agency has a huge impact on its management.

4. Until now, I continued to raise complaints that other car masters employed by the instant agency cannot work together with D.

Although it has been prevented as a representative, it is difficult to see any more.

5. On September 21, 2016

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