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(영문) 서울고등법원 2018.10.25 2018누137
부당해고및 부당노동행위구제재심판정취소
Text

1. The defendant's appeal is dismissed.

2. The part resulting from the participation in the total costs of the lawsuit after the filing of the appeal.

Reasons

1. The scope of the instant court’s trial and the Plaintiffs, B, C, and D (hereinafter “the Plaintiffs before sending back”) were excluded from the Plaintiff Union before remanding, and Plaintiff E, F, G, H, and I filed a claim with the first instance court for the revocation of the final judgment on unfair dismissal and unfair labor practices of the National Labor Relations Commission on May 12, 2011, and July 19, 201.

The first instance court revoked the part of unfair labor practices among the above review decisions by the National Labor Relations Commission and dismissed the claim for unfair dismissal.

On the other hand, 8 others, B, etc. and the defendant appealed on the part against each party. The court accepted the defendant's appeal before the remand, and revoked the part against the defendant (the part against unfair labor practices) in the judgment of the first instance and dismissed the plaintiffs' claim before the remand corresponding thereto, and dismissed eight persons' appeal (the part against which unfair labor practices were dismissed).

The plaintiffs filed an appeal before remanding. The Supreme Court reversed the portion of unfair labor practices in the review decision on July 19, 201, and remanded this part to this court, and dismissed both the appeals of B, C, and D and the remaining appeals of the plaintiffs.

Therefore, the part related to Plaintiff B, C, and D before remanding (the Re-Examination Decision on May 12, 201), the part related to the unfair dismissal of Plaintiff’s school teachers in the Re-Examination Decision on July 19, 201, and the part related to unfair labor practices against Plaintiff Union in the Re-Examination Decision on May 12, 201, became final and conclusive by the Supreme Court Decision.

Therefore, the subject of the judgment of this court is limited to the part of unfair labor practices against the plaintiffs in the retrial ruling on July 19, 201, which was reversed and remanded (hereinafter referred to as the "instant retrial ruling").

2. An intervenor who conducts a project, such as the development and education of learning sites in the process of the instant reexamination decision, is a member of the Plaintiff Union and the management, recruitment, and education of the Plaintiff’s learning site teachers and the learning site members.

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