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(영문) 서울행정법원 2016.08.11 2015구합83412
부당노동행위구제재심판정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of litigation shall be borne by the plaintiffs.

Reasons

1. Details of the decision on retrial;

A. On April 1, 2004, Plaintiff A entered the D University operated by the School Foundation C (hereinafter “C”) (hereinafter “instant University”) as a general service and worked as the director in charge of employment assistance and division. Plaintiff B trade union (hereinafter “Plaintiff trade union”) established the D University branch (hereinafter “instant branch”) under the D University branch as a regional unit trade union, regardless of the type of business on July 26, 2002.

B. Plaintiff A participated in the establishment of the instant branch on February 24, 2012, and the head of the instant branch is in charge of the establishment of the instant branch.

C. On May 28, 2015, C dismissed the Plaintiff A in accordance with Article 24 of the Labor Standards Act.

(hereinafter “instant layoff”) D.

On June 11, 2015, the Plaintiffs asserted that the instant layoff was an unfair dismissal and unfair labor practice, and filed an application for remedy with the Gangwon Regional Labor Relations Commission on June 11, 2015, and on August 3, 2015, the Gangwon Regional Labor Relations Commission received an application for remedy for unfair dismissal on the ground that the instant layoff did not meet the requirements for layoff dismissal. However, the Plaintiffs dismissed the application for remedy for unfair labor practice on the ground that C did not have any ground to recognize C’s intent to engage in unfair labor practice.

E. The Plaintiffs and C were dissatisfied with the aforementioned initial inquiry tribunal and filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed both the Plaintiffs and C’ request for remedy on November 23, 2015.

(hereinafter referred to as “instant decision on reexamination”). 【No dispute exists, Gap evidence Nos. 1, 2, Eul evidence No. 13, and the purport of the whole pleadings.

2. Whether the part concerning unfair labor practices in the decision on reexamination of this case is lawful

A. The Plaintiffs’ assertion C took unfavorable measures, such as unfair dismissal, on five occasions against the Plaintiff A and the employees of the instant university, who were the members of the instant branch, on five occasions. The employees of the instant branch are the Korea University Trade Union D.

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