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(영문) 창원지방법원 밀양지원 2016.10.06 2016고정86

노동조합및노동관계조정법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Criminal facts

1. Defendant A is the actual manager of D Limited Partnership Company B, who runs the business of collecting and transporting general wastes by using 14 regular workers.

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

Nevertheless, the Defendant, from August 27, 2015 to October 1, 2015, six times from a trade union subject to negotiations from August 27, 2015 to August 27, 2015, and the same year.

8.31.31., the same year

9.1.1. The same year;

9.3.3. The same year.

9. On October 1 of the same year, even if he/she was requested to conduct collective bargaining in relation to a collective agreement through the official text on October 1 of the same year, he/she refused it without good cause.

2. Defendant B limited partnership company is a corporation established for the purpose of collecting and transporting domestic wastes in W in smuggling.

The defendant, at the date, time, and place under paragraph (1) above, rejected the collective bargaining requested by the trade union subject to the bargaining, as in paragraph (1) above, in relation to the defendant's business.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The police statement concerning F;

1. Each accusation;

1. A copy of each request for collective bargaining, a copy of public notice of the fact of the request for bargaining, a copy of the wage agreement in 2015, a copy of the collective agreement, a copy of the public notice of the final decision of each trade union requesting bargaining, and a copy

1. Application of Acts and subordinate statutes to investigation reports (Procedures for determining a trade union of the bargaining delegation);

1. Defendant A of the pertinent legal provisions on criminal facts: Limited partnership company under Article 90 and subparagraph 3 of Article 81 of the Trade Union and Labor Relations Adjustment Act (Article 90 and subparagraph 3 of the same Article): Articles 94 and 90 of the Trade Union and Labor Relations Adjustment Act;

1. Selection of each alternative fine for punishment (see, e.g., period during which collective bargaining has been refused, reasons and progress therein, and criminal records of Defendant A);

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

1. The order of provisional payment: