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(영문) 서울행정법원 2013.08.13 2012구합28131
부당노동행위구제재심판정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of the disposition;

A. The party's position (1) The Intervenor joining the Defendant (hereinafter "the Intervenor") is a company that engages in the automobile parts manufacturing business using more than 420 full-time workers. The Plaintiff A is a company that is engaged in the automobile parts manufacturing business on October 14, 1986; the Plaintiff B is a person who is employed in the production worker on December 11, 1995; and the Plaintiff C is a person who is employed in the production worker on April 1, 1987.

(2) The Plaintiff’s National Metal Trade Union (hereinafter “Plaintiff’s Trade Union”) is a national unit trade union for each primary company, established on February 8, 2001, whose target is the workers engaged in the metal industry and metal-related industries, and established on February 8, 200. The higher organization is a Democratic Labor Union, which has 147,000 members.

(3) The Plaintiff Trade Union set up an internal organization of the Plaintiff Trade Union Intervenor (hereinafter “instant subdivision”) composed of 30 workers belonging to the Intervenor. In the instant subdivision, the Plaintiff Trade Union was the president of the branch, the Plaintiff B, and the Plaintiff C are its members.

B. (1) On January 11, 2012, the Intervenor dismissed Plaintiff A, B, and C as grounds for disciplinary action as follows (hereinafter “instant dismissal”).

Plaintiff

A and B : Violation 1 of Article 4(3)1, 7, 10, and 13 of the Disciplinary Rule : When a company without permission commits an act of assembly, speech, broadcasting, distribution of documents, propaganda or the attachment of documents, or other similar act within the company without permission: 10 if the company damages the company intentionally or by gross negligence: 13: When the company does not perform its duties or instructions, or when the superior is punished by deception, intimidation, etc. in the company: A. 2, 10, 13 of Article 4(2)1 of the Disciplinary Rule 2, 13, and 13 of the Plaintiff C’s Disciplinary Rule 2: When a person who has induced or responded to the requirement by inducement, intimidation, etc. in the company, has left the place of work without permission during working hours: Paragraph 3(10) of the same Article when he has not performed the duties order or instructions, or when he has urged or threatened his superior.

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