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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
The plaintiff is a company established on October 30, 1986 and published H in the related industries, such as electricity business, specialized construction, production of electrical equipment, energy, nuclear energy, telecommunications, etc., such as news, commentaries, debate group, and precedents.
The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) B, C, and D (hereinafter referred to as the “ Intervenor’s workers”) are the Plaintiff’s employees.
On December 12, 2018, the Plaintiff issued a disposition of suspension from office for the Intervenor B and C, six months of suspension from office for the Intervenor D, and three months of suspension from office for the Intervenor D, on the ground that the Intervenor’s worker illegally committed a collective act.
(2) On February 15, 2019, the Intervenor asserted that the instant disciplinary action constitutes an unfair labor practice as a disadvantageous treatment to the Seoul Regional Labor Relations Commission on February 15, 2019 and filed an application for remedy.
The Seoul Regional Labor Relations Commission recognized grounds for disciplinary action against the intervenor workers on April 16, 2019. However, the instant disciplinary action constitutes unfair disciplinary action because it substantially loses validity by social norms, and the instant disciplinary action against the intervenor workers who established a trade union inside the Plaintiff was done in the first inquiry tribunal that the instant disciplinary action against the intervenor workers constituted unfair labor practice by treating trade union activities at a disadvantage.
On May 23, 2019, the Plaintiff filed an application for reexamination to the National Labor Relations Commission as F/G (combined) on May 23, 2019, and revoked the instant disciplinary action on June 20, 2019.
On July 19, 2019, the National Labor Relations Commission revoked the part concerning the disciplinary action of this case in the initial inquiry tribunal on the ground that the plaintiff withdrawn the disciplinary action of this case, and dismissed the intervenor's request for remedy against the relevant part. During the initial inquiry tribunal, the National Labor Relations Commission rendered a decision dismissing the plaintiff's request for reexamination on the same ground as the initial inquiry tribunal.
(hereinafter “instant decision on reexamination”) The Rules of Employment amended on September 1, 2015 are as follows.