beta
(영문) 춘천지방법원 원주지원 2016.06.29 2016고단377

노동조합및노동관계조정법위반

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

Defendant

A is the representative of the EE located in D at Won-si, who employs 14 full-time workers and runs the liquor wholesale business, and Defendant B is the employer who acts on behalf of the business owner with respect to the matters relating to the employees as the vice president of the said (ju).

1. No employer shall control or intervene in the organization or operation of a trade union by any worker;

Nevertheless, on September 17, 2015, the Defendants conspired to end up with the labor union upon the establishment of the labor union FF, G, etc. of the E Workers F, and the withdrawal from the labor union; Defendant B, at the I cafeteria located at H around September 18, 2015, was given priority to withdrawal from the labor union; and Defendant B, at the above F and G, was given a clearly f’s relationship with the internal origin;

On October 6 of the same year, a worker engaged in the operation of a trade union by taking advantage of the above F and G's withdrawal from the president's office of (State) E around October of the same year.

2. An employer shall not dismiss, or give disadvantages to, a worker on the ground that the worker has joined a trade union, or has performed justifiable acts for the operation of a trade union;

Nevertheless, on September 17, 2015, the Defendants recruited employees F and G to dismiss the said F and G on the ground that they joined a trade union, by establishing a trade union on September 17, 2015, and working as the president and the office chief of the branch office. On October 27, 2015, the Defendants dismissed the said G and dismissed the said G around December 10, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. A complaint;

1. Notice of termination of each labor relationship;

1. Application of Acts and subordinate statutes on recording;

1. Relevant Article of the Act on the Adjustment of Labor Relations and Article 90 and Article 81 subparagraph 1 and 4 of the Labor Relations Act, Article 30 of the Criminal Act concerning criminal facts: Selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act for the suspension of execution;