노동조합및노동관계조정법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Legal principles and factual misunderstanding 1) As to the issue of paragraph (1) of the judgment of the court below, the Defendant became aware of the fact that workers G, H, I, and J joined the F Branch of the Korea Transport Industry Democratic Bus Workers’ Union (hereinafter “PPPP”) on October 22, 2015, taking measures to suspend or transfer work for the above workers on November 22, 2015 not only does not constitute unfair labor practices but also does not stop because G and H did not work without any special reason for a considerable period of time, and it does not constitute unfair labor practices since I and J took a transfer measure against the said workers according to bus route circular service.
2) As to the part of Article 2 of the decision of the court below, there is no evidence that the defendant used workers to sign a democratic bus union and to withdraw from the existing democratic bus union.
B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.
2. Judgment on the misapprehension of legal principles and the assertion of mistake of facts
A. As to Article 1 of the decision of the court below, the part of the unfair labor practices against workers G was acknowledged by the evidence duly adopted and investigated by the court below, i.e., the following circumstances, i., ① from the investigative agency to October 12, 2015 to the court of the court of the court below, G did not work after notifying the company of the above matters by returning to his prison labor from his prison labor until October 14, 2015, and from October 15, 2015 to the company, it did not work for about three months since it did not stop from his/her company, and it stated that he/she did not work for the reason that he/she was the operator of a democratic bus operation.”
The consistently stated points, ② in F, the allocation is deemed to take place before the framework, ③ bus drivers are unable to work without the company’s fault, ③ for a considerable period of time, G.