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(영문) 대구지방법원포항지원 2014.12.15 2013가합1551
임금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 4,500,000 and its related amount on August 21, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant union is a regional trade union affiliated with the National Port Trade Union Federation of Korea, which has run a business of supplying workers to exclusively load and unload companies with a labor supply business permit under Article 33 of the Employment Security Act with regard to loading and unloading of harbors, etc. within the Gyeongbuk-do and its employees working in the field of loading and unloading of harbors, etc., and the plaintiff is a member of the defendant union and has joined the defendant union as a member of the defendant union and engaged in the work of loading and unloading ports at the port of loading and unloading at the port of port

B. On July 19, 201, the Plaintiff joined a port and port trade union with 42 members of the Defendant Union as members of the port and port trade union, and on July 22, 201, the port and port trade union sent to the Defendant Union a certificate to the effect that “43 members of the Defendant Union who joined the port and port trade union automatically lose their qualification as members of the Defendant Union shall be subject to the provisions of the Defendant Union, and shall not work without absence from work, and shall notify how the members of the Defendant Union who joined the port and port trade union in accordance with the automatic deprivation of qualification clause should be treated as members of the Defendant Union.”

C. On July 26, 2011, the Defendant Union sent to the Plaintiff a certificate of content that “if two or more trade unions are admitted, the membership of the Defendant Union is disqualified in accordance with the rules and regulations of the Defendant Union; thus, on August 3, 2011, the Defendant Union notified the Plaintiff of whether two or more port trade unions were admitted by the Plaintiff’s intent.” On August 1, 2011, the Plaintiff sent to the Defendant Union a certificate of content that “the Plaintiff is admitted to the port trade union by free will.”

On August 3, 2011, the Defendant Union is a member of the Plaintiff on the ground of “ double admission to and absence from work without permission” in accordance with the rules and regulations of the Defendant Union.

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