logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.07.06 2015구합78175
부당징계구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the participation, are all assessed against the Plaintiff.

Reasons

The details and details of the Re-Examination Decision are public enterprises established on December 31, 2004 and employing 28,000 full-time workers and engaging in transportation of railroads, maintenance of rolling stock, manufacture and sale of railroad equipment, etc.

The National Railroad Workers' Union (hereinafter referred to as the "railroad Workers' Union") was established for the organization of workers engaged in the railroad industry including the defendant's supplementary intervenors (hereinafter referred to as the "participatings"). The number of members is about 20,000 persons, and five local headquarters (Seoul, Daejeon, Daejeon, Permanent Residence, South and Busan), respectively.

The intervenors joined the plaintiff and work at the workplace belonging to the Chungcheong Headquarters, etc., and the members of the Korean Railroad Workers' Union are members.

The Intervenor A is the head of the branch office of the Korea Railroad-related D, and the Intervenor B and C are the ordinary members of the Korea Railroad-related Union.

On September 4, 2014, the Plaintiff rendered a disposition of suspension from office or reduction of salary as follows to the Intervenor B and C, and the Intervenor A on September 5, 2014:

(hereinafter “instant disciplinary action”). On February 25, 2014, the Intervenor A participated in the “24-hour warning strike” (hereinafter “2-hour warning strike”) which was an illegal labor dispute conducted by the railroad labor union on February 25, 2014, based on the grounds for disciplinary action against the Intervenor A’s disciplinary action.

Article 6, Article 8 of the Rules of Employment of the Plaintiff, and Articles 32, 33, 37, 38, and 52 subparag. 1 through 5 B of the Rules of Employment of the Plaintiff, and Article 52 subparag. 2, 2014 ordered the Intervenor B to “emergency order February 5, 2014” on February 5, 2014, the Intervenor B was aboard the train for trial operation on board, which was February 5, 2014.

C The Intervenor, from December 9, 2013 to December 31, 2013, participated in illegal collective refusal to provide labor (hereinafter “the primary strike”) conducted by the railroad labor union (hereinafter “the primary strike”).

In addition, even though the plaintiff ordered the intervenor C to "emergency atmosphere on February 6, 2014" on February 3, 2014 for the demonstration operation of the work on board for one person, the intervenor C was on the pilot operation train on February 6, 2014.

The intervenors are concerned with the disciplinary action of this case against the Chungcheongbuk Regional Labor Relations Commission on October 6, 2014.

arrow