노동조합및노동관계조정법위반
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal D (hereinafter “instant foundation”) concluded a collective agreement with its employees on October 8, 2014 with “the mandatory payment of uniforms and working hours once a year” and did not pay the uniforms, etc. on or before November 11, 2016 where the validity of the said collective agreement was maintained, the Defendants violated the matters constituting welfare expenses of the said collective agreement. The Defendants did not pay the uniforms, etc. by November 11, 2016, even though they knew of the fact that they were appointed as the president of the instant foundation or its employees and did not pay them as prescribed by the said collective agreement, and thus, the crime of violation of the Trade Union and Labor Relations Adjustment Act was established due to the violation of the said collective agreement and the payment of uniforms, etc. for the year 2016 after September 2017, which affected the conclusion of the judgment by misapprehending the legal principles as to the facts charged in this case or affecting the conclusion of the judgment.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is the president of the instant Foundation C located in Cheongju-si, and Defendant B is the president of the E-Medical Center affiliated with the said Foundation. On October 8, 2014, the instant foundation entered into a collective agreement with the said workers at the place of business to the effect that the said workers shall be paid once a year, and accordingly, the Defendants violated the matters falling under welfare expenses among the matters under the collective agreement by failing to pay their uniforms and work to workers by November 30, 2016, even though they are paid once a year to workers by November 30, 2016.
B. The lower court determined that the Defendants were the only evidence submitted by the Prosecutor.