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(영문) 서울중앙지방법원 2020.06.04 2019고정1754

노동조합및노동관계조정법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A is an employer who operates a facility management business by using 70 full time workers while actually operating a stock company B with the third floor of the Seongdong-gu Seoul Building in Changwon-si.

An employer shall not refuse or neglect, without any justifiable reason, the conclusion of a collective agreement with the representative of a trade union or a person delegated by a trade union or other collective bargaining.

The Defendant, even though around March 30, 2018, around April 5, 2018, around April 1, 2018, around April 11, 2018, and around May 25, 2018, was requested by the chairperson of the D Trade Union to negotiate the 2018 Forest Group in the meeting room of the Seoul Jung-gu Seoul Central Government Trade Union (FF Buildings) from the chairperson of the D Trade Union on four occasions without good cause.

2. Defendant B, as a legal entity operator operating a facility management business on the third floor of the Seongdong-gu Seoul Special Metropolitan City, Changwon-si, Changwon-si, who is the actual representative of the Defendant and the agent, committed the act of violation as above in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of the witness H;

1. Each labor inspector's statement of H;

1. A complaint;

1. The case of negotiating a collective agreement in 2018 ( March 30, 2018), the case of negotiating a collective agreement in 2018 ( April 5, 2018), the case of negotiating a collective agreement in 2018 ( April 11, 2018), the case of requesting the change of the date of negotiating a collective agreement and the case of requesting cooperation, the labor-management agreement form ( May 10, 2018), and the application of statutes governing the minutes of meeting (the first negotiation of a collective agreement) of May 16, 2018 (the first negotiation of a collective agreement).

1. Defendant A: Article 90 and Article 81 subparag. 3 of the Trade Union and Labor Relations Adjustment Act; Defendant B who selects a fine: Articles 94 and 90 and 81 subparag. 3 of the Trade Union and Labor Relations Adjustment Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The defendants and defense counsel under Article 334(1) of the Criminal Procedure Act of each of the provisional payment order

1. The Defendants and the defense counsel in the summary of the assertion are as follows, and the Defendants are I.D. Trade Union for the following reasons.