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(영문) 대전지방법원 2015.01.30 2014고단4321

배임수재등

Text

Defendants shall be punished by imprisonment for eight months.

2,3250,000 won shall be additionally collected from the Defendants.

Defendants.

Reasons

Punishment of the crime

Defendant

B as a driver of the city bus (E) of the EE (hereinafter referred to as the “E”), the head of the Korea Workers’ Union of the Daejeon District Bus Workers’ Union E, and the Defendant A as a representative of the same trade union as the (ju) E city bus driver.

1. Chapter III of the collective agreement in 201, Chapter III of the 2011, provides that “Personnel management for transportation workers shall be conducted by the representative director: Provided, That when new employment is made, it may be notified to the labor union in advance and take into account the opinions of the head of the branch office.”

As the president and representative of a trade union, the Defendants were able to exercise their influence on the recruitment officially by submitting their opinions in the new recruitment of a bus engineer of E in accordance with the collective agreement, and through the influence on the private side related to the strike activities in the labor union, the Defendants were in an unofficial situation where the person in charge of personnel management has to make a request for the recruitment of news articles to the personnel officer, etc. in an unofficial manner, in order to maintain a smooth relationship with the labor union.

In fact, in the event of a vacancy of a bus engineer, Defendant B requested the recommendation of a bus engineer from the former F and requested Defendant A to recommend a bus engineer, and Defendant A recommended a bus engineer in physical color with a person who will serve as a bus engineer, the person was employed most through an interview of the former F.

The Defendants, by taking advantage of the influence over official and non-official personnel affairs of the head of the branch office and representatives as above, visited those who want to be employed as a bus engineer in E and conspired to use in installments the money in the name of employment expense in return for their efforts to enable them to be employed in E.

On July 20, 2010, the Defendants received an illegal solicitation from H to the effect that “a request is made to allow a bus engineer to be employed as a bus engineer” from the E Trade Union Office located in Jung-gu, Daejeon as of July 20, 2010, and made the same as the honorarium for the request.