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(영문) 서울중앙지방법원 2015.01.16 2014고정4115

노동조합및노동관계조정법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who was working as the chairperson of the B Trade Union from January 2, 2012 to December 2013.

On September 11, 2013, at the above trade union office located in Jung-gu Seoul Metropolitan Government, the Defendant received a written corrective order stating the following: “The Defendant’s corrective order was issued: (a) Articles 12(2), 13(2), 14, and 18 of the Labor Union and Labor Relations Adjustment Act stipulating that “The payment of wages to full-time officers of superior organizations among the collective agreements entered into with E-A-A Life Insurance (AI) by the head of the Seoul Central Employment and Labor Agency on August 22, 2012; (b) the payment of wages to full-time officers of higher organizations; and (c) the payment of paid wages to union employees; and (d) Articles 12(2), 13(2), 14, and 18 of the Labor Union and Labor Relations Adjustment Act providing for the payment of wages within the limit of working hours; and (d) Articles 24(4) and 81 subparag. 4 of the Labor Union and Labor Relations Adjustment Act providing for the prohibition of security guards.”

Nevertheless, the Defendant violated the corrective order by failing to revise the contents of the above collective agreement.

Summary of Evidence

1. Partial statement of the defendant;

1. Order to correct collective agreements;

1. Application of the Acts and subordinate statutes requesting a resolution on collective agreements, written collective agreement examination reports, recommendation for autonomous correction of collective agreements;

1. Article 93 subparagraph 2 of the relevant Article of the Trade Union and Labor Relations Adjustment Act and Article 31 (3) of the relevant Act on criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;