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(영문) 창원지방법원 2014.04.08 2013고정1340

업무방해등

Text

1. Defendants shall be punished by a fine of KRW 3,000,000.

2. When Defendant A does not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a business owner who operates automobile parts manufacturing business using 393 full-time workers in Seongbuk-gu, Seongbuk-gu, Changwon-si, and the defendant A is an employer who acts for the business owner on the matters concerning workers as the head of the management team of the above company.

1. Defendant A

A. (1) On September 25, 2012, the Defendant agreed on the issue of the closure of a factory operation room and the Gyeongnam Branch of the Korean Metal Trade Union Branch and the Labor Union Branch on the ground of the construction of a factory expansion around 16:00, and on the ground of the “the return after the completion of construction” and “the problem of substitute payment after relocation,” etc., the Defendant obstructed the electricity of the above labor union operation room from the above operation of the labor union until the 26th of the same month, and the communication from the beginning of October of the same year to prevent the use of electricity and telecommunications facilities by arbitrarily blocking the labor union from using the electricity and telecommunications facilities.

Accordingly, the defendant violated the collective agreement on the provision of facilities and convenience and participated in the operation of a trade union.

(2) On October 22, 2012, the Defendant: (a) obstructed the entrance of a container to prevent union members from entering the office by taking the container in front of the entrance of the union operation room; and (b) obstructed the passage of the above container to the union operation room on the 26th of the same month; and (c) obstructed union members from allowing them to enter the office until December of the same year.

Accordingly, the defendant violated the collective agreement on the provision of facilities and convenience and participated in the operation of a trade union.

B. The Defendant’s obstruction of business

As mentioned in paragraph (1), it interfered with the affairs of the victim's national metal trade union B branch by arbitrarily blocking electric power and telecommunication lines and bringing containers in front of the Trade Union's office.

2. The defendant.