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(영문) 수원지방법원 안양지원 2018.07.13 2017고정150

노동조합및노동관계조정법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who operates bus transport business by employing 580 full-time workers under the trade name of E in Ansan-gu, Manyang-si.

An employer shall not dismiss or put a worker at a disadvantage on the ground that a worker has joined or intends to join a trade union, or has attempted to organize a trade union, or has performed any other lawful act for the operation of a trade union.

Nevertheless, on December 16, 2015, the Defendant notified G on January 15, 2016 of the expiration of the term of the contract to F, and without any reasonable reason, on the ground that F, and G, engaged in a nationwide public transportation trade union.

As a result, the Defendant committed an act of disadvantage to the worker on the ground that the worker joined the labor union.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. An adjudication of the Gyeonggi Regional Labor Relations Commission;

1. Application of Acts and subordinate statutes to investigation reports (in relation to labor activities by the party, attaching a written decision of review on the union's retrial);

1. Relevant Article of the Act on the Adjustment of Labor Relations and Article 90 and subparagraph 1 of Article 81 of the Labor Relations Act (Optional to a punishment) of the same Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [In light of the legislative purport of the Trade Union and Labor Relations Adjustment Act prepared to guarantee the workers’ right to organize, etc. pursuant to the Constitution, the crime of this case is not good.

However, the amount of fine for a summary order shall be mitigated in consideration of the fact that the defendant has restored the damaged workers and has reached a smooth agreement with the victimized workers.