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(영문) 청주지방법원 영동지원 2013.05.09 2012고단272

노동조합및노동관계조정법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 15, 2011, the Defendant violated the Labor Union and Labor Relations Adjustment Act was an employer who operates a D hospital which is a convalescent hospital by using 55 full-time workers in the Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, and was refused to negotiate in writing or by telephone on September 20, 201, the “case of notification of the 19th negotiation and holding of the 19th negotiation for wage and collective agreement 201 by 18 employees, E, etc. at the above hospital’s place of business,” and the “case of notification of the 19th negotiation and holding of the collective agreement by telephone.”

2. The Defendant in violation of the Labor Standards Act, as an employer, did not pay 1,871,592 won out of the wages to workers G who worked as nursing workers from April 4, 2009 at the above hospital from around April 4, 2009 at the above hospital, and did not periodically pay 8,184,081 won in total, as stated in the [Attachment 1]-6 table of crime list.

Summary of Evidence

【Fact-finding of a sick person’s worker】

1. Summary of the award;

1. The Korea Nursing Business Operator Introduction Agreement;

1. Written consent to provide employment;

1. Nursing service: 24 hours’ services;

1. A service adjustment table for a nursing worker for five months;

1. Report on the acquisition of research data (the details of the settlement of expenses incurred in the line of duty) (the first fact in the market);

1. Each police statement made to H and I;

1. Notification of bargaining, etc.;

1. Notification of the results of handling reported cases and instructions for correction thereof (the second fact in the market);

1. Each police statement concerning J, K, and L;

1. A report on the results of the field investigation, the results of internal investigation, and a detailed statement of personal account payable;

1. Facts related to working hours of the D Hospital recess;

1. Application of Acts and subordinate statutes to a report on the acquisition of research data (the settlement of accounts of sick and wounded persons);

1. Article 90 of the Trade Union and Labor Relations Adjustment Act, Article 90 and Article 81 subparag. 3 of the Trade Union and Labor Relations Adjustment Act (a point of refusal of collective agreement negotiation), Articles 109(1) and 43 of the Labor Standards Act (a point of payment of wages), and each of them shall be punished by a fine.