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(영문) 서울행정법원 2018.02.22 2017구합63573
부당노동행위구제재심판정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff, including the part arising from the supplementary participation.

Reasons

1. Causes and contents of the decision in the retrial;

A. The Plaintiff (hereinafter “Plaintiff”) is a company that employs approximately 1,830 full-time workers and engages in broadcasting business and cultural service business.

Defendant Intervenor’s Intervenor (hereinafter “ Intervenor’s Intervenor”) is an industrial trade union established with the organization of employees engaged in nationwide media industries and related businesses, and is working for approximately 840 workers belonging to the Plaintiff Company as its members.

B. On June 13, 2016, the Intervenor Union: (a) obstructed the Intervenor’s union employees G and H’s distribution of labor reports; (b) obstructed the Intervenor’s distribution of labor reports by asserting that: (c) obstructed the Intervenor Company’s distribution of labor reports by the Intervenor’s managing body B and C on March 14, 2016; (d) obstructed the Intervenor’s distribution of labor reports by asserting that the Intervenor Company’s activity obstructed the Intervenor’s distribution of labor reports by Nonparty 2 from the rain on April 19, 2016 to the Plaintiff Company’s first floor, 2016; and (d) obstructed the Intervenor’s distribution of labor reports by Nonparty 2 from the Plaintiff’s non-party union on March 23, 2016 to the Seoul Labor Relations Commission (hereinafter “the Intervenor’s distribution of labor reports by Nonparty 3”); and (e) unlawful distribution of labor reports by Nonparty 2 to the Plaintiff’s Intervenor’s non-party association on April 19, 2016 to the Plaintiff’s distribution of labor reports.

C. On November 18, 2016, Seoul Regional Labor Relations Commission rendered a judgment dismissing part of the application to the effect that “this act constitutes an unfair labor practice, but the remaining act does not constitute unfair labor practice.”

Plaintiff

The company and the Intervenor Union, who were dissatisfied with the above determination, filed an application for review with the National Labor Relations Commission, and the National Labor Relations Commission dismissed all the above applications for review in the case of the application for remedy for unfair labor practices.

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