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(영문) 춘천지방법원 강릉지원 2019.08.23 2019고단677

노동조합및노동관계조정법위반

Text

Defendant

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “Defendant B”) is a company located in C and established for the purpose of cement manufacturing, etc., and 920 full-time workers are used. Defendant A was appointed as the factory site of the above company around March 13, 2017 and was appointed as the representative director around March 26, 2018.

Meanwhile, the above company is a trade union belonging to D organization (385 members; hereinafter referred to as the "labor union of this case"), E organization labor union (197 members), a trade union belonging to F organization (29 members of the labor union). The chairperson of the labor union of this case is G (the chairperson of the labor union is elected five times from September 1, 2006 to the present five times) and is designated as a worker subject to full-time officer of the labor union or exemption from working hours.

1. No employer of a defendant A shall control or intervene in the organization or operation of a trade union by his/her workers, and conduct any unfair labor practice, such as paying wages to the full-time officer of a trade union, or subsidizing the operation expenses of a trade union;

Nevertheless, the Defendant paid KRW 17.5 million in total, including KRW 10 million around December 22, 2017, and KRW 7.5 million around March 23, 2018, on the pretext of “expenses for self-driving and field support,” in addition to the benefits calculated according to the limit of 5,00 hours of exemption from working hours, to the said G.

2. Defendant B committed the above violation in relation to the Defendant B’s business at the same date, time, and at a place as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of the suspect of G by the prosecution;

1. Each prosecutor's statement to H, I, and J;

1. Investigation report (Attachment to collective agreements, etc.); - A copy of the agreement annexed to collective bargaining agreements, amendments to collective agreements, and collective agreements, in 2016;

1. Application of Acts and subordinate statutes on the details of benefits;

1. Defendant A of the pertinent legal provisions on criminal facts: Articles 90 and 81 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).