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(영문) 인천지방법원 2018.02.02 2017노2135

근로기준법위반등

Text

The judgment below

We reverse the conviction part against the violation of the Labor Union and Labor Relations Adjustment Act.

In this case.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the violation of the Trade Union and Labor Relations Adjustment Act as stated in the judgment of the court below and the misunderstanding of the legal principles, the Defendant did not have any intention to commit any crime, and the above labor dispute mediation protocol has become null and void due to the absence of any intention to commit any crime.

2) The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

B. Regarding the judgment of innocence on the violation of the Labor Standards Act by the public prosecutor, the Defendant had the intent to commit a crime against D’s unfair dismissal against D’s victims E.

2. According to the evidence duly adopted and examined by the lower court and the trial court, ① dismissed the victim E on October 30, 2014 through the resolution of the disciplinary committee (hereinafter “D”) due to absence from work without permission for 49 days; ② the victim E’s request for remedy for unfair labor practices and administrative decision became final and conclusive to the effect that the above dismissal is unfair (Seoul Administrative Court Decisions 2015Guhap688, Nov. 5, 2015; 2015Nu66952, Mar. 17, 2016); ③ The organization of the disciplinary committee was equal to the number of members of the disciplinary committee at the time of the resolution of the disciplinary committee; and ④ the fact that the above disciplinary committee’s dismissal was unfair.

3. As to the grounds for appeal by the Defendant, the Defendant asserts to the effect that the Defendant did not have any intention to commit a crime since he/she was unaware of the existence or application of the mediation agreement on his/her labor dispute around October 23, 2009, with respect to the violation of the Trade Union and Labor Relations Adjustment Act.