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(영문) 서울고등법원 2017.05.10 2014누48797
부당노동행위구제재심판정취소
Text

1. Revocation of the first instance judgment.

2. The National Labor Relations Commission between the Plaintiff and the Intervenor on April 25, 2013.

Reasons

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) Company was established on June 14, 199 and was established on the same year.

7. 16.C. A company that engages in the business of designing, manufacturing, and selling motor vehicle industrial parts, such as acquiring the racing business headquarters from C. and using 880 full-time workers, by manufacturing and supplying motor vehicle parts, such as a power generator, a starting scooter, etc., to complete vehicles.

On February 9, 1996, the Plaintiff joined the Intervenor Company and served under the control of TFT for supporting passenger factories parts, and the D Branch of the Korea Metal Trade Union (hereinafter “D Branch”) affiliated with the Korean Metal Trade Union affiliated with the Intervenor Company (hereinafter “MMMMM”) branch affiliated with the Korea Metal Trade Union (hereinafter “D Branch”) branch affiliated with the Plaintiff Company (hereinafter “D Branch”) passed a resolution on May 19, 2010 and June 7, 2010 to make a structural change to the E Trade Union, a company-level trade union, an “company-level trade union,” as follows. A large number of lawsuits were pending as to whether the resolution was valid.

On February 19, 2016, the Supreme Court rendered a ruling to the effect that even if a subdivision, etc. of an industrial trade union was made, unlike its appearance, it shall be deemed that the Seoul High Court, which was remanded, is valid on November 30, 2016, where it constitutes an independent organization consisting of workers belonging to a single company and has the substance of a trade union capable of independently conducting collective bargaining and concluding collective agreements, or where it constitutes an unincorporated association as an independent workers organization similar to a trade union, which is not a corporation, through an independent democratic general assembly resolution meeting meeting meeting meeting meeting meeting meeting the requirements prescribed in Article 16 (1) 8 and (2) of the Trade Union and Labor Relations Adjustment Act (2012Da96120). The Supreme Court rendered a ruling to the effect that the above resolution to change its organization and convert it into an independent company-level trade union on March 9, 2017 (2016Na4909).

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