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(영문) 대구지방법원 경주지원 2017.06.16 2015고단306

노동조합및노동관계조정법위반

Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of 5,00,000 won.

Defendant

B. A corporation.

Reasons

Punishment of the crime

1. All of the Defendant B Co., Ltd. (hereinafter “B”) is a corporation that employs more than 840 full-time workers at racing-si and operates the manufacturing business of automobile parts. Defendant A is the representative director of B.

B established F Trade Union, an industrial trade union (hereinafter “F Trade Union”), racing branch, G branch (hereinafter “G branch”), and G branch (hereinafter “G branch”). However, on February 4, 2010, G branch decided to take a measure of outsourcinging factory security services on February 1, 2010, G branch against this measure, and decided to act in dispute, such as refusal of overtime work, solar work, etc. through a vote of union members on February 5, 2010.

B, on February 16, 2010, closed the workplace with the content of completely prohibiting the entry of the members of G branch into the entire passenger factory and the entire commercial factory from 06:30 on February 16, 2010.

After that, upon the long-term closure of work, some members of the G Branch constituted “H organization” on April 20, 2010 and appointed I and J as joint representatives.

I, on May 19, 2010, at the meeting of 544 of 601 members, held a general meeting of union members (the first general meeting), and passed a resolution to make a structural change into B trade union which is a company-level trade union.

In this regard, the executives of the G branch raise an objection against the resolution of the first general meeting on the ground of the defect in the convocation procedure, and delayed the report on establishment of the racing market. I, on June 7, 2010, held a general meeting of members (the second general meeting) again in the presence of 50 members among 601 members, and passed a resolution on the change of the contents same as the first general meeting, and the B trade union completed the report on establishment of the trade union with the Mayor on that day.

2. An employer shall not control or intervene in the organization or operation of a trade union by a worker, and shall not provide wages to the full-time officer of a trade union, or assist in the operation of a trade union;