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(영문) 울산지방법원 2014.12.05 2014고합152

특수공무집행방해치상등

Text

Defendant

A Imprisonment of one year and six months, Defendant B’s imprisonment of six months, Defendant C’s fine of KRW 1,00,000, Defendant D and E.

Reasons

Punishment of the crime

[2014Gohap152] Defendant A is a person who was the head of the organization of P (hereinafter referred to as "P labor union") of the Korean Democratic Trade Union Federation (hereinafter referred to as the "Korean Democratic Trade Union Federation"); Defendant B is the head of the P Trade Union; Defendant K is the head of the P Trade Union; Defendant F is the head of the site of P Trade Union; Defendant G is the former head of the P Trade Union; Defendant G is the former head of the planning bureau of P Trade Union; Defendant G is the former head of the P Trade Union; Defendant G is the former head of the planning bureau of P Trade Union; Defendant A was the former head of the P Trade Union; Defendant I was the former head of the P Trade Union; Defendant I was the former head of the P Trade Union; Defendant J was the former head of the P Trade Union; Defendant J was the former head of the DI of the P Trade Union; Defendant D was the former head of the DJ subdivision; and Defendant E was the member of the P Trade Union.

1. While Defendant F, G, H, I, A, and J’s joint criminal conduct (Interference with business) started construction of a lux manufacturing plant in the name of “S” in Ulsan Nam-gu R around April 2012, Q subcontracted the part of the machinery pipeline construction of the said construction to the victim T, U, V, Bodo Construction to the victim W Co., Ltd, and the part of the electrical construction to the victim W Co., Ltd., Ltd., and the completion date of the said subcontract was scheduled as April 30, 2013, respectively.

Of the above victims companies, T, U, and V were in a state of signing a collective agreement with the Korean Construction Workers’ Union, a member of the Korean Federation of Workers’ Unions (hereinafter “Korean Workers’ Union”), which is not Pnono. P. on December 2, 2012. Since W Company and X did not have concluded a collective agreement, the victims did not have a duty to negotiate Pno and wages. The victims company, on February 2013, calculated the paid leave of February 1, 2013 and paid wages to workers.

As above, the Defendants decided that the victim company should calculate the paid leave as one day.