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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
Reasons
1. Details of the decision on retrial;
A. The term “the car masters” refers to the car masters who entered into a car sales service contract with a car sales agency owner and entered into an automobile sales service contract with a car masters and carries out automobile sales and collection of automobiles, claims management, etc., by establishing a Staff agency of E (hereinafter “E”) on April 1, 1999.
It is a person who conducts automobile sales business.
C From October 21, 2005, D served as a car masters at the instant agency from July 18, 2014.
B. The Intervenor, as an industrial trade union at a nationwide level, was a nationwide-level trade union with the organization of “car masters” serving at the nationwide automobile sales agencies. The Intervenor was issued a trade union establishment report to the Seoul Regional Employment and Labor Office on September 18, 2015 and received a certificate of trade union establishment report on September 18, 2015. Around May 2018, the Intervenor established B trade union’s structural change. Around January 2018, the instant agent, C, and D (hereinafter “C, etc.”) joined the Intervenor on January 2018.
C. On July 31, 2018, the Intervenor asserted that “the Plaintiff engaged in intimidation, verbal abuse, and violence, etc. to C, etc. through its car masters, and the advertisement of G newspapers from June 2018 to June 2018 constitutes unfair labor practices” and applied for remedy against unfair labor practices.
On September 17, 2018, the Chungcheongnamnam Regional Labor Relations Commission made an initial inquiry tribunal to the effect that the part except C, etc. in the publicity advertisement of G newspapers recognized the disadvantage treatment as unfair labor practices and the remainder of the request for remedy is dismissed.
(Seoul High Court of Justice 2018No28, hereinafter referred to as the "First Inquiry Tribunal of this case").
The plaintiff is dissatisfied with this and filed an application for review with the National Labor Relations Commission.
The National Labor Relations Commission shall apply for reexamination on January 17, 2019 on the same ground as the above initial inquiry tribunal.