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(영문) 광주지방법원 2011.09.22 2010고단4748

업무방해

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. According to the facts charged of the instant case (the facts charged) revised on January 1, 2010, and enforced from July 1, 2010, the Labor Union and Labor Relations Adjustment Act, which was enforced from July 1, 2010, the employer’s payment of wages to pre-employed workers was prohibited, and the limit of the amount of wages to pre-employed workers was newly established, and the employer’s payment of wages to pre-employed workers violates the payment of wages to pre-employed workers or the limit of the amount of wages to be paid

As such, the revision of the Labor Union and Labor Relations Adjustment Act led to the situation where the number of union staff members of the Korean Metal Workers' Technical Group (hereinafter referred to as the "Guide branch") will be significantly reduced, making it impossible for the Guide branch to maintain the number of union staff members at the level prior to the enforcement of the amended Labor Union and Labor Relations Adjustment Act.

Nevertheless, on April 30, 2010, the Aeronautical Branch sent a proposal of collective agreement in 2010 that mainly includes "the maintenance of the number of union full-time officers, the maintenance of the current payment of wages to union full-time officers, the payment of full-time employees and salaries required for union affairs, the recognition of full-time employees required for union activities during union hours, the number of labor and management members of the disciplinary committee, the number of dismissals, reinstatement of employees, increase of basic salary 8%, etc., and requested an example of the members of labor and management negotiations to discuss the problem of union full-time officers in the course of collective bargaining."

However, such a demand was not recognized as against the revised Labor Union and Labor Relations Adjustment Act.

Accordingly, it is against the Labor Union and Labor Relations Adjustment Act. Since the above Aeronautical Motor Vehicle is an illegal requirement against the amendment of the collective agreement requirement of the said Aeronautical Motor Vehicle, the said Aeronautical Motor Vehicle is unable to respond to collective bargaining unless it revises and withdraws the part related to the Aeronautical Motor Vehicle from the above Meal Motor Vehicle's demand. On January 27, 2010, the said Meal Motor Vehicle and the said Meal Chapter.