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(영문) 서울행정법원 2014.01.16 2013구합2457
과반수노동조합에대한이의결정재심판정취소
Text

1. On December 24, 2012, the National Labor Relations Commission (hereinafter “National Labor Relations Commission”) rendered a majority of the central 2012 bargaining38 between the Plaintiff and the Intervenor joining the Defendant.

Reasons

1. Details of the disposition;

A. The status of the parties (1) The Plaintiff is an industrial trade union established on February 8, 2001 and organized workers engaged in the metal industry and metal-related industry across the country. The Intervenor joining the Intervenor (the first trade name was changed to “stock company B” but was changed to the present trade name on March 2, 201; hereinafter “ Intervenor”) is a company with the purpose of manufacturing and selling semiconductor equipment and parts.

(2) The Plaintiff, within its subordinate organization, has a “National Metal Trade Union B Branch of Busan Metropolitan Area (hereinafter “instant Branch”) comprised of the employees working in the Intervenor, and the Intervenor’s workplace is another trade union established on August 19, 201 with the Korea Workers’ Union of Labor-National Metal (hereinafter “Korea Workers’ Union”) established on August 19, 201.

B. 52 persons, including the instant layoff and the application for remedy against it, and the administrative litigation (1) C, including 52 persons, (51 persons, excluding No. 52D, are the Plaintiff’s members) are the Intervenor’s workers. On November 7, 2011, the Intervenor dismissed 52 persons, including C, etc. (hereinafter “instant layoff”).

(2) On November 6, 201, 201, 52 Plaintiffs, C, etc. asserted that the instant layoff was unfair dismissal and unfair labor practices, and applied for remedy for unfair dismissal and unfair labor practices (an additional 201danono No. 540/buno 102/2012 and 52) to the Busan Regional Labor Relations Commission (hereinafter “Seoul Regional Labor Relations Commission”), and on February 29, 2012, the Busan Regional Labor Relations Commission (hereinafter “Seoul Central Labor Relations Commission”), “The instant layoff was unfair for 52 persons, including C, etc., and 51 persons, including C, etc. (i.e., 1 to 51) and 51 persons, including C, etc. (i.e., the number of employees (i., the number of employees) and 52 persons, within 30 days from the date of receipt of this written adjudication, could have been paid the amount of wages that could have been normally paid during the period of reinstatement.

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