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(영문) 전주지방법원 군산지원 2013.12.18 2013고정661

노동조합및노동관계조정법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a user who runs bus transport business using 120 full-time workers as the representative director of C(D)D located in the city of North Korea.

An employer shall not control or intervene in the organization or operation of a trade union by workers, and shall not pay wages to the full-time officer of a trade union, or assist the operation expenses of a trade union.

Provided, That the labor union shall be maintained without any loss of wages to the extent that the worker does not exceed the limit of the exemption from working hours during working hours.

It is unreasonable for the employer to permit the activities such as management, and the contributions of the fund for the welfare of workers or for the prevention, relief, etc. of economic inequality and other disasters, and the provision of a trade union office of a minimum size shall be excluded.

Nevertheless, on June 24, 2011, the Defendant entered into a collective agreement between the E Trade Union and the F Trade Union (the head of the E Workers’ Union D branch), who was exempted from working hours, to pay approximately 50% annual wages compared to other workers under the same conditions, and accordingly, the Defendant paid the said G wages to the said G from July 201 to March 2012, and controlled or involved in the organization and operation of the trade union by paying the said wages to the said G.

Summary of Evidence

The defendant's legal statement, the police statement of H, the written complaint, and the written complaint (the defendant's defense counsel asserts that the defendant did not have an intent to provide improper assistance). ① The purpose of the prohibition of security guards under Article 81 subparagraph 4 of the Trade Union and Labor Relations Adjustment Act (hereinafter "Trade Union Act") is to prohibit the act of impairing the independence and independence of the trade union as a negotiating party regardless of the intention of the employer or worker, and to control or operate the trade union.