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(영문) 울산지방법원 2016.11.29 2014고합125 (4)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The background of the 2010th century’s violent demonstration】 Hyundai Motor Branch has continuously demanded that Hyundai Motor Co., Ltd. convert all workers belonging to Hyundai Motor Co., Ltd into regular employees as a trade union comprised of workers belonging to D Plant Cooperation Enterprises of Hyundai Motor Co., Ltd.

On July 22, 2010, the Supreme Court rendered a judgment on the reversal of appeal to the effect that "an employment shall be deemed as a result of the company's illegal dispatch received for more than two years" against E, a member of the Hyundai Motor Category C Branch. On February 23, 2012, the Supreme Court became final and conclusive with the same content.

The judgment of the Supreme Court against the above E was requested to Hyundai Motor Co., Ltd. to the purport that, because it applies to all workers of the intra-company subcontractor in the Hyundai Motor Factory regardless of whether they are directly engaged in production process, it is applied to all workers of the intra-company subcontractor in the intra-company subcontractor.

Modern Automobile C Branch and Hyundai Automobile Co., Ltd., from May 15, 2012 to June 26, 2013, have conducted special negotiations over 16 times. However, the Supreme Court's decision on Modern Automobile Co., Ltd. asserted that Modern Co., Ltd. is only applicable to only one person E, and it cannot be regarded as illegal dispatch solely on the ground that it works in a D plant regardless of the form of employment.

In addition, Hyundai Motor Co., Ltd, which was sentenced to the court's decision, that it newly employed 3,500 in-house subcontractor workers until the first half of 2016, and that "the employed for more than two years as illegal temporary agency workers" should be converted to modern automobile full-time workers, and did not reach agreement in the course of special consultation.

On October 17, 2012, when the special consultation is in progress, E and a secretary, who is a member of the Hyundai Automobile Branch.