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(영문) 대전지방법원 2015.06.11 2014구합2692
부당징벌구제 재심판정취소
Text

1. On April 8, 2014, the National Labor Relations Commission rendered a central order between the Plaintiff, the Intervenor, M, and N on April 8, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff is a worker who employs 156 full-time workers and is engaged in the chemical product manufacturing business, etc. (hereinafter the Plaintiff’s “Plaintiff Company”), the Intervenor joining the Defendant (hereinafter the “ Intervenors”), and the Intervenor joining the Defendant (hereinafter the Intervenor’s Intervenor is referred to as “the Intervenors”), and M, N (hereinafter the Intervenor and M, and N collectively referred to as “instant workers”), who are subject to a disciplinary action from the Plaintiff Company during the period from May 17, 2012 to April 5, 2013 (hereinafter the “instant disciplinary action”).

B. On August 8, 2013, the Plaintiff Company concluded a wage and collective agreement in 2013 (hereinafter “instant collective agreement”) with a trade union, a representative bargaining trade union of the Plaintiff Company, with the following content.

A

C. The Plaintiff Company paid wages under the instant collective agreement only to the employees, excluding the number of the instant workers who were subject to the instant disciplinary action and the same employees who were subject to the same disciplinary action.

(2) On November 7, 2013, the Plaintiff Company filed an application for remedy with the former Regional Labor Relations Commission (hereinafter “former North Korea Labor Relations Commission”) to the effect that “the instant measure constitutes unfair salary reduction or disciplinary punishment.” However, on December 26, 2013, the former North Korea Labor Relations Commission ruled that the said application for remedy does not constitute an object of remedy as stipulated under Articles 23(1) and 28(1) of the Labor Standards Act.

On January 29, 2014, the instant workers were dissatisfied with the said determination and filed an application for reexamination with the National Labor Relations Commission (hereinafter referred to as the “Central Labor Relations Commission”), and on April 8, 2014, the Central Labor Relations Commission (hereinafter referred to as the “Central Labor Relations Commission”).

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