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(영문) 서울행정법원 2011.01.27 2009구합29257
재심판정취소
Text

1. On June 10, 2009, the National Labor Relations Commission rendered improper relief between the Plaintiff and the Defendant’s Intervenor.

Reasons

1. The date of entry of participants who engage in the manufacture and sale of motor vehicle parts by employing more than 260 full-time workers in the details of the business requiring the details of the decision on reexamination;

1. The details of disciplinary actions shall be included;

Attached Form of disciplinary action on December 8, 2008 on the date of disciplinary action against position in the company

1. Details and attached Form of the disciplinary action;

2. As stated in the grounds of disciplinary action, the disciplinary action against intervenors is referred to as “instant disciplinary action.”

Article 10 (2), 2, 3, 6, 12, 13, 16, 17, 18, 19, 21, and 27 of the Rules of Employment, which is the ground for the disciplinary action of this case, concerning the disciplinary action of this case, the part concerning noise in the grounds for disciplinary action of this case among the grounds for disciplinary action 2, 5, 6, 7, 14, noise in the grounds for disciplinary action 4, and the part concerning the intervenor E in the grounds for disciplinary action of this case, and the extent of the remaining grounds for disciplinary action is minor, even if not recognized or recognized, the disciplinary action of this case constitutes abuse of the right to disciplinary action and disadvantage of the intervenor on the ground that the intervenor's activities as executive members of the trade union were conducted, and the purport of the whole oral argument (including evidence Nos. 1, 2, 3, 5, and 6) and the purport of oral argument as a whole.

2. Whether the decision on the retrial of this case is lawful

A. (1) The Plaintiff’s assertion that the instant disciplinary action does not constitute a justifiable cause of disciplinary action in the instant review decision constitutes both justifiable cause of disciplinary action and the determination of the instant disciplinary action is appropriate. The instant disciplinary action does not constitute unfair labor practice.

(2) The grounds for the instant disciplinary action against the Intervenor do not constitute a justifiable grounds for disciplinary action, and even if some grounds for disciplinary action against the Intervenor are recognized, the instant disciplinary action against the Intervenor.

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