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(영문) 광주지방법원 2012.08.16 2011고정2168

폭력행위등처벌에관한법률위반(공동퇴거불응)등

Text

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

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

The basic facts of the Defendants are members of the Gamno Haol H (hereinafter referred to as the "newly established labor union").

H Co., Ltd. (hereinafter referred to as “H”) had the International Labor Relations Group (hereinafter referred to as “existing Labor Relations Group”) established on May 15, 1975, but concluded an existing Labor Relations Group with a company on July 1, 2010, and some of its employees went against this and established a new Labor Relations Group on July 5, 2010. < Amended by Act No. 10373, Jul. 5, 2010>

A newly established labor union has continuously requested the private sector to conduct collective bargaining after its establishment, but the private sector rejected it after receiving a reply from the Ministry of Employment and Labor that the newly established labor union constitutes a multiple labor union prohibited by law.

Around October 18, 2010 and October 19, 2010, newly established labor union decided to engage in collective action, such as holding a general meeting of associations requesting collective bargaining on the private side in the space in the Seo-gu, Seo-gu, Seoul, which is managed by the J corporation.

Facts of crime

1. Interference with business;

A. On October 18, 2010, the Defendants committed the crime at the bus terminal facility from 09:40 to 10:20 on October 18, 2010, left red belts with the names of the director general of education and publicity bureau of the Ljunam Headquarters, N of the president of the newly established labor union branch, the president of the preparatory headquarters in the Gamannam area headquarters in Gwangju, Gwangju, as well as the number of the newly established labor union members, and obstructed the management of terminal facilities of the victim JA corporation, who is the facility manager of the above bus, by force outside the total number of times and by force.

B. The Defendants committed the crime of October 19, 2010, with the names of 09:45 to 10:20 on October 19, 2010, set up a red head belt stating “fish-de” in the bus terminal square, M, N,O, and the number of union members, along with the names of 09:45 to 10:20 on October 19, 2010, and interfered with the management of terminal facilities of the victim J-based corporation, who is the facility manager of the bus terminal, by force, by means of force.

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