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(영문) 울산지방법원 2017.07.21 2017고정247

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine of KRW 1,500,00 and by a fine of KRW 2,00,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the dismissed of the D Company E plant, Defendant B is the head of the F affairs of the E branch of the D Company E, G, and H are the representatives of the Jeonju Committee for Metal Trade-Aid D, and I are the chairpersons of the same Committee.

D The head of the engine department and the representative of the engine department in the former factory (hereinafter referred to as “former factory”) and the representative of the engine department in the labor union entered into an agreement to fix the capacity utilization rate of the production company to 80% on the grounds of the deterioration of the company’s facilities in light of 2008.

In addition, in order to improve productivity through the modernization of commercial tea production, the former plant invested 29.2 billion won only the engine plant from July 2010 to August 2014, and the latter has promoted an investment plan of 2.3 billion won from April 2015 to June 2016, but the said agreement was renewed in around 2013 to avoid conflicts with the labor union.

However, in the regular audit of D's Jeonju Factory on January 2015, it was revealed that there was any harm such as "on the part of the relevant supervisor (the head of the support office and team)" (the head of the team) of the target (7.5 UPH standard) at the time of early suspension of operation (the average of at least two hours a day), early retirement, and holiday days after concealing the production performance (the number of products already produced, the number of products is deemed necessary to be concealed, and the number of necessary special circumstances is implemented) due to the fixing of the operation rate of D's Jeonju Factory, where the engine is going to enter his/her own jurisdiction.

On the other hand, Jeonju factory is planning an increase in factory production through investment of KRW 400 million by 2020, and it is necessary to improve unreasonable practices revealed in the audit process as above. From February 2, 2015, the above "processing rate fixed production is required for the reason of the modernization of factory facilities."