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(영문) 서울동부지방법원 2015.08.28 2015고정331

노동조합및노동관계조정법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs funeral agency business, etc. as a representative director of Seongdong-gu Seoul Metropolitan Government Co., Ltd. D and 8.

An employer shall not employ or substitute any person unrelated to the business in order to conduct the business suspended by the industrial action during the period of such industrial action.

Nevertheless, on February 28, 2014, the Defendant employed eight workers, including F, G, H, I, J, K, L, and M, in order to have the E trade union file an application for mediation of a labor dispute, and to hold funeral services to be interrupted due to an industrial action, on March 5, 2014. On April 5, 2014, the Defendant, on the ground that the E trade union, as seen above, had the workers who had defects in the industrial action, such as the strike, etc., conducted industrial action instead of suspended work.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness N orO;

1. Each police interrogation protocol against the accused;

1. Employment information, outsourcing team status, event status from August 1, 2013 to April 2014, business registration certificate, E organization map, requirements for E in 2013, agency business and service contract, contract document, work report, work report (on-the-job consultation), minutes (case of filling a vacancy in personnel in the event on February 17, 2014), cancellation of public notice of appointment of the full-time team leader (case of filling a vacancy in personnel in the event on February 17, 2014), date on which labor or management negotiation expires, application for mediation of labor disputes by complainant, details of funeral affairs by E in 2013 to April 1, 2014, details of monthly event from July 30 to April 30, 2013 to April 30, 2014, details of monthly event, etc. 301 to April 31, 2014;

1. Relevant provisions of the Trade Union and Labor Relations Adjustment Act and Articles 91 and 43 (1) of the Trade Union and Labor Relations Adjustment Act concerning criminal facts;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The franchise contract concluded with eight persons, including F, on March 5, 2014 was non-established.