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(영문) 대전지방법원 2016.05.04 2015구합103356
부당배치전환 구제 재심판정 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff was established on December 11, 1979 and operated urban bus transportation business using 200 full-time workers. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a person employed as a bus driver with the Plaintiff company on December 25, 1989.

B. On December 1, 2014, the Plaintiff, on the part of the Intervenor, changed the route from No. 704 to No. 609 (hereinafter “instant placement conversion”).

C. On January 10, 2015, the Intervenor and the Korean Public Transport and Social Services Trade Union recognized that the instant placement conversion against the Plaintiff was an unfair placement conversion and unfair labor practice. On January 10, 2015, the Intervenor and the Korean Public Transport and Social Services Trade Union filed an application for remedy against the Plaintiff for unfair placement conversion and unfair labor practice seeking re-disposition against the Plaintiff on the route No. 704. The said application for remedy was dismissed on March 4, 2015.

(hereinafter referred to as “the first inquiry court of this case”).

On April 9, 2015, the Intervenor and the National Public Transport and Social Services Trade Union applied for the conversion of unfair placement and review of unfair labor practices to the National Labor Relations Commission (centrally 2015: 306, Mano58 (merged)). On June 16, 2015, the National Labor Relations Commission revoked the part concerning the conversion of unfair placement among the initial trial court of the instant case on the ground that “the conversion of this case is not necessary to carry out business, and thereby the Intervenor’s living disadvantage is reasonable, and it is unreasonable without going through the procedure required under the good faith principle, such as prior consultation, and thereby, acknowledged that the conversion of this case was an unfair placement, and ordered the Plaintiff to replace the Intervenor on the existing 704 route.

However, on the ground that it is difficult to readily conclude that the transfer of the placement of this case constitutes unfair labor practices, the application for review of the part concerning unfair labor practices in the initial inquiry court of this case was dismissed.

In this regard, the decision of retrial is between the plaintiff and the intervenor.

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