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(영문) 대전지방법원 2017.02.15 2015고정1794

노동조합및노동관계조정법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant, as the representative director of the Daejeon Dong-gu, Daejeon, is an employer who runs urban bus transportation business using 250 full-time workers.

An employer shall not control or intervene in the organization or operation of a trade union by workers, and shall not violate matters concerning the provision of facilities and convenience and attendance of meetings during working hours in an organization agreement concluded pursuant to the relevant Acts and subordinate statutes.

Nevertheless, in accordance with Article 10 (Use of Company Facilities) of the Convention concluded with the World Motor Union Federation of Korea, which is composed of the employees working in the above company, the Defendant had experienced disputes with the instant sub-chapter on January 7, 2015 with respect to the validity of the decision to dissolve the instant sub-chapter as to whether the office of the labor union, which was offered to the branch of the D branch of the Korea Public Transport and Social Services Workers' Union (hereinafter "the instant sub-branch"), was effective.

F Trade Union (the chairperson G, the head of the previous branch of this case) has allowed the F Trade Union to use independently.

As a result, the Defendant did not provide an essential room for the operation of the trade union in the instant sub-chapter, thereby intervening in the operation of the trade union, and at the same time did not provide facilities under the collective agreement.

2. Determination

A. According to the records, the following facts are acknowledged.

① The instant branch, which is the D branch of the National Public Transport and Social Services Trade Union (hereinafter “Public Transport Labor Union”) that is a nationwide industrial trade union, was established and operated by the Daejeon Metropolitan City regional bus trade union H (hereinafter “Motor Vehicle Trade Union”) and the Daejeon Metropolitan City regional bus trade union H (hereinafter “instant branch”).

(2) Seven trade unions, including the instant branch, belonging to the motor vehicle union, Daejeon Metropolitan City Local Bus Trade Union, including the Seoul Metropolitan City and Local Bus Trade Union, shall be established on June 24, 2014.