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(영문) 서울남부지방법원 2013.02.15 2010가합21307
임금
Text

1. All of the plaintiffs' primary claims are dismissed.

2. The Defendant’s “amount of temporary closure allowances” as indicated in the attached Table to the Plaintiffs.

Reasons

1. Basic facts

A. The defendant is a company that employs 7,179 full-time workers as of January 2009 and manufactures and sells motor vehicles and their parts, and the plaintiffs are those who have joined and work for the defendant.

B. On January 9, 2009, the Defendant started rehabilitation procedures on February 6, 2009 after filing an application for commencement with the Seoul Central District Court on January 9, 2009.

C. On April 8, 2009, the defendant announced a plan for management normalization, including self-help efforts, such as the restructuring of human resources with 2,646 workers of the defendant, the raising of investment funds for new development, and the short-term liquidity improvement, in accordance with the guidelines of the rehabilitation court. On the same day, the defendant notified it to A branch of the Korean Metal Trade Union A (hereinafter "the Trade Union") on the same day, and requested labor-management consultation on the scale, criteria, etc. of layoff as a plan for avoidance of layoff.

However, the Trade Union and Labor Relations Adjustment refused the defendant's above request for labor-management consultation while demanding collective bargaining, not labor-management consultation. On May 22, 2009, the Trade Union and Labor Relations Adjustment rejected the defendant's above request for labor-management consultation. On May 22, 2009, the Trade Union and Labor Relations Adjustment claimed the full removal of the layoff and obstructed all entrances of the Defendant Pyeongtaek-si Factory

(hereinafter “instant strike”) e.

Meanwhile, the defendant received a motion for voluntary retirement from April 16, 2009 to June 8, 2009, and the 1,666 persons retired from the office due to a division company, a business office, a transfer of occupation, a voluntary retirement, etc. according to the defendant's management normalization plan until June 8, 209. The defendant dismissed the remaining 980 persons as of June 8, 2009.

(hereinafter referred to as “the instant layoff”) 2. The Defendant, on June 8, 2009, voluntarily selected the present deaf members from among the layoffs dated June 8, 2009.

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