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(영문) 서울행정법원 2017.06.08 2015구합77127
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the participation, are all assessed against the Plaintiff.

Reasons

The details and details of the Re-Examination Decision are public enterprises established on December 31, 2004 and employing 28,000 full-time workers and engaging in transportation of railroads, maintenance of rolling stock, manufacture and sale of railroad equipment, etc.

The National Railroad Workers' Union (hereinafter referred to as the "railroad Workers' Union") was established for the organization of workers engaged in the railroad industry including the defendant's supplementary intervenors (hereinafter referred to as "participatings"), and each individual refers to [Attachment 1] according to the sequence in the number column of the defendant's supplementary intervenors' list. The number of union members is about 20,000, and five local headquarters (Seoul, Daejeon, Daejeon, Permanent Residence, South, and Busan) are under its control.

The intervenors joined the plaintiff and served as the headquarters A or B Maintenance Group, and are members of the Railroad Workers' Union.

“Entry date, current affiliation, and railroad labor union positions (attached Form 2),” and “affiliated/positions (grades)” are as stated in the “Labor Organization Book (P/P/P/P)” and the “Labor Organization Book (P/P/P/ February 2014)”.

(However, in relation to the position of the Intervenor 15, 16, and 18, there is a dispute between the parties (attached Form 2) and the Plaintiff’s assertion that the “labor organization liability” in attached Form 2 is based on the Plaintiff’s assertion. On July 10, 2014, with respect to the Intervenor 2 and 13 on July 11, 2014, the Plaintiff planned or actively participated in the strike (hereinafter “instant strike”) 24-hour warning business (hereinafter “the Intervenor was an illegal labor dispute”) conducted under the Railroad Labor Act on February 25, 2014 with respect to the rest of the Intervenor 2 and 13 on July 11, 2014. Furthermore, the Intervenor 13 was a group of members, and made verbal abuse, assault, etc. to C Director D.

Based on Article 6, Article 8 of the Rules of Employment, and Article 32, Article 33, Article 37, Article 38, and Article 52 (1) through (5) of the Rules of Employment (Attached Form 2) of the Rules of Employment on the ground that "the re-adjudication of February 2014" was subject to the disposition of suspension from office or reduction of salary as stated in the column.

(hereinafter “instant disciplinary action”). The intervenors are concerned with the instant disciplinary action against Busan Regional Labor Relations Commission on October 6, 2014.

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