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(영문) 서울고등법원 2017.02.03 2016누379
부당해고및부당노동행위구제재심판정취소등
Text

1.The judgment of the first instance shall be modified as follows:

The National Labor Relations Commission on January 10, 201 and the Intervenor joining the Defendant.

Reasons

1. The reasoning of the judgment by the court concerning this part of this decision is that the reasoning of the judgment by the court of first instance is identical to that of the corresponding part of the reasoning of the judgment, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

2. Whether the decision on the retrial of this case is lawful

A. The Plaintiffs’ assertion 1) The defective parts of the AC Branch’s organization of the AC Branch’s disciplinary committee were to change the structural form from May 19, 2010 and June 7, 2010, which were convened by the AF to each AA Trade Union and to select AF as an executive officer.

However, since the AC Branch cannot be considered as an independent trade union, a resolution to make a structural change to a AA Trade Union, a company-level trade union, is null and void.

AF AF’s resolution to elect the chairman of the AA Trade Union is also null and void as long as the structural change is based on the premise that it is valid.

The AC Branch's disciplinary committee for the members of the collective agreement concluded between the chairperson of AB labor union and the representative director of the intervenor shall be composed of five labor-management. Therefore, in organizing the disciplinary committee for disciplinary action against the plaintiffs who are union members, the workers disciplinary committee must be composed of those selected by the plaintiff who is the president of the branch representing the AC Branch's Committee.

Nevertheless, the intervenor constituted a disciplinary committee including disciplinary committee members of the worker disciplinary committee selected by AF selected by the above invalid resolution, and thereafter, the above disciplinary committee passed a resolution on the relevant disciplinary action in attached Form 1 against the plaintiffs.

Therefore, the disciplinary action against the plaintiffs decided by the disciplinary committee which has a serious defect in the composition of the disciplinary committee by participating in such disciplinary committee is unlawful.

Article 26 subparagraph 2 of the collective agreement between the Do and AC Branch.

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