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(영문) 창원지방법원 2015.06.24 2015고정315

노동조합및노동관계조정법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant shall be the president of the Korea Metal Trade Union C Branch of the Korea Metal Trade Union which is a member of 158 workers of Sungwon-si, Sungwon-si, Sungwon-si, and the chairperson of the trade union D.

Among workers engaged in the major defense enterprises designated in accordance with the Defense Acquisition Program Act pursuant to Articles 88 and 41 of the Trade Union and Labor Relations Adjustment Act, those engaged in the manufacture of electricity, water, and major defense materials shall not be eligible for dispute settlement.

Nevertheless, the Defendant determined industrial action(s) in 2014, which is not the conclusion of the collective action, and instructed guidelines for action to all union members, and 158 union members engaged in the manufacture of defense materials, the industrial action(s) of which is prohibited under the said Act on August 27, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to investigation reports (registration of accompanying copies of designated defense contractors);

1. Relevant provisions of the Trade Union and Labor Relations Adjustment Act and Articles 88 and 41 (2) of the Trade Union and Labor Relations Adjustment Act concerning criminal facts;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.