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(영문) 제주지방법원 2015.04.16 2014고정993

노동조합및노동관계조정법위반

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the facts charged is the president of the school juristic person DE University in Jeju, who is engaged in educational service business by using 165 full time as the president of the school juristic person DE University in Jeju.

An employer shall not control or intervene in the organization or operation of a trade union by workers.

Nevertheless, the Defendant, on March 17, 2013, when the establishment of the Democratic Labor Union E-university Workers’ Union E-university branch (hereinafter “this case’s Trade Union”) was moved, the Defendant engaged in telephone conversations with F and F, which led the establishment of the said branch, before the establishment of the said branch, and, at around March 17, 2013, the Defendant engaged in the act of making the organization or operation of the trade union by making the 3 force of the No. 3 of the case of Labor Union, which is necessary to make it possible to gather the opinions of the employees by the entire employees of the Republic of Korea, and making the organization or operation of labor union or labor union as an absolute act of making the labor union or labor union operation by making the labor union an absolute strike over which all employees came through the media in order to create legitimacy.

If a trade union's organization, operation, and activity is recognized in consideration of the situation, time, place, method of expression, influence on the operation or activity of a trade union, etc. when an employer expresses his/her opinion through a speech, in-house broadcast, notice, letter, etc., the unfair labor practice has been established as "the act of controlling or participating in the organization or operation of a trade union by an employee" under Article 81 subparagraph 4 of the Trade Union and Labor Relations Adjustment Act, and it is essential to establish an unfair labor practice as a control or intervention.