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(영문) 대전고등법원 (청주) 2018.01.23 2017나5113 (1)
근로자지위확인 등
Text

1. Of the damages claims equivalent to the wages in the judgment of the court of first instance, the following amounts exceed the amount ordered to be paid:

Reasons

1. Basic facts

A. 1) The Defendant is a social welfare foundation established for the purpose of establishing and operating medical welfare facilities for the aged. The Defendant is operating welfare facilities for the aged, such as C Medical Care Center, D Care Center, Elderly Hospital, G Care Center (Closure around August 2013) under its control. 2) The Plaintiff is a person dismissed on March 15, 2015 while working as a caregiver at the said D Care Center operated by the Defendant.

3) Public non-regular trade union (hereinafter “instant trade union”)

(B) The trade union is established on March 9, 2009, and 40 workers belonging to the defendant, including the plaintiff, join and work for the above trade union. (2) The trade union of this case was engaged in collective bargaining several times with the defendant for the purpose of improving treatment, etc. on or around March 6, 2013, but it did not reach an agreement, but started with the warning strike from around 07:00 on July 5, 2013.

Accordingly, the Defendant was a lock-out by G Care Center, D Care Center, and C Care Center on the same day, and withdrawn a lock-out from 18:00 of the same day to D Care Center and C Care Center, but maintained the lock-out for G Care Center.

2) After August 8, 2013, the Defendant submitted a written report on the closure of business to the competent authority on August 8, 2013, and dismissed 26 workers of the Plaintiff and the G Care Center due to business reasons. 3) Accordingly, the instant trade union and the dismissed workers, including the Plaintiff, filed an application for remedy against the Defendant for unfair dismissal. On October 31, 2013, when the said procedure was in progress, a protocol of compromise (hereinafter referred to as “the protocol of compromise as of October 31, 2013”) was prepared between the parties. Article 2 and 3 of the said protocol of compromise as of October 31, 2013 was “Withdrawal of the application for remedy against the instant unfair labor practices,” the parties’ withdrawal of the application for remedy against the instant unfair labor practices, were made difficult to ensure the prompt resumption and business normalization of the G Care Center, and the head of the facilities that were dismissed.

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