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(영문) 대전지방법원 천안지원 2014.12.12 2013고정126

업무방해

Text

Defendant

A, B, C, and D shall be punished by a fine of KRW 700,000,00, Defendant E shall be punished by a fine of KRW 1,000,00, Defendant F, G, H, and I.

Reasons

Punishment of the crime

1. The reason of the instant case is that AT corporation (hereinafter “AT”) is an enterprise that produces automobile engine parts, such as stoning, and supplies them to the domestic completion vehicle companies, such as Hyundai AAA car and Rotten Motor Vehicle, etc., with its address in the ATU, etc.

On January 13, 2010, AT labor and management prepared a written agreement on the improvement of the wage and the shift system and entered into a wage agreement with the purport that “from January 1, 2011, the current weekly continuous night school work is promoted with the purpose of converting the current rate system into the monthly wage system at the time of the implementation of the weekly continuous night school work system and the weekly paid-in work system.”

However, it is argued that the Korean Democratic Trade Union Federation (hereinafter “the Korean Labor Union”) Metal Workers’ Union (hereinafter “MMMM”) AX-Annex AT MM MM MM (hereinafter “AT MMM”) agreed to implement the two-way bridge system from January 1, 201 to January 1, 201, and that the AT MM’s agreement was made.

The author argued to the effect that it is necessary to determine whether to introduce the weekly work system under the premise of discussions on measures to ensure the existing production, etc.

After January 18, 2011, through May 4, 2011, AT labor and management conducted special negotiations over 11 times as to the introduction of the weekly maximum work system, but it did not reach an agreement due to the difference of opinions.

Accordingly, from March 25, 201 to May 17, 2011, the AT mountainous district association has conducted a strike by refusing to work, etc., and pressures on the side by lowering the amount of production. However, the AT mountainous district association did not accept the 2nd regular working hours per week. On May 18, 2011, the AT mountainous district association conducted a pro-con voting on industrial action against the members belonging to the AT labor union at around 10:30 on the same day and decided to pass a resolution with the consent of 78.1% of its members, and had 240 weekly working members from around 13:30 on the same day to 240 on the same day.