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(영문) 전주지방법원 2020.01.09 2019노739

산업안전보건법위반등

Text

Defendant

B, D’s appeal and prosecutor’s appeal against the Defendants are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) 1) In the event that Defendant B did not pay the mutual aid fund, etc. to Defendant B (hereinafter “trade union”) to the International Association (hereinafter “trade union”), the payment was suspended with the intent of set-off or deduction against the claim against the trade union by the limited liability company A (hereinafter “A”), and thus, it is not an unfair labor practice.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine.

B) Defendant B, upon the recommendation of labor inspector, etc., divided the two stories with K and luxly, and did not have a limited liability to change the structure of a trade union, and did not intend to control or intervene in the organization or operation of a trade union. Nevertheless, the lower court found Defendant B guilty of this part of the facts charged, which was erroneous in misunderstanding of facts. 2) The lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is so unreasonable that it is too unreasonable.

B. Defendant D1) misunderstanding of facts or misunderstanding of legal principles ) Defendant D did not end up with the withdrawal or change of a trade union to members L or M.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine.

B) Defendant D did not delay the repair of the NN’s vehicles or at the disadvantage of the N on board. Nevertheless, the lower court found Defendant D guilty of this part of the facts charged, which led to erroneous determination of facts, etc., the lower court’s judgment was erroneous. 2) The lower court’s sentence of unfair sentencing (six months of imprisonment and two years of suspended execution) is too unreasonable.

C. According to the evidence related to the embezzlement of Defendant B, the prosecutor 1) and the mistake of facts (the acquittal part against Defendant B and C), Defendant B’s failure to pay the mutual aid fund, etc. to the trade union is an unfair labor practice and justifiable grounds.