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(영문) 춘천지방법원 속초지원 2018.01.18 2016고합46
업무상배임등
Text

1. Defendant A’s imprisonment with prison labor for eight months, Defendant B’s fine of KRW 15 million, and Defendant C’s fine of KRW 10 million.

Reasons

Punishment of the crime

Defendant

A In the course of operating Defendant C, a person who was elected as the president of the partnership after going through an election of the president of the D Cooperatives (hereinafter referred to as “D”) around March 11, 2015 while running the Defendant C, and Defendant B is a standing director.

[2017 Gohap 1]

1. Defendant A’s injury on April 20, 2016, on the front side of the D immediately preceding the D’s board located in E on April 19:30, on the ground that the dispute between the victim F (45 years old) and the Defendant and the Director of G viewing Fisheries Department was revealed, Defendant’s fault caused the victim’s injury to high-level external suffering from a 14-day external injury requiring treatment for a period of 14 days by three times on the left side of the victim’s hand.

2. No employer who violates the Labor Union A or B or the Labor Relations Adjustment Act shall control or intervene in the organization or operation of a trade union by a worker;

Defendant

A assaults staff H, etc., and “all people whose annual salary is 5,000 to 6,000 million won” are only the initial employee.

In relation to criticism of union members, the Defendants were willing to intervene in the operation of a trade union by requesting a meeting by the head of the D Trade Union Branch, etc. for reasons such as a demand for the withdrawal of union president, etc., and the Defendants were willing to intervene in the operation of the trade union in a manner of dismissal, personnel measures, disciplinary action, etc. of union members, including the union president, if they refuse to comply with the demand for the withdrawal of union president, etc.

A. On July 21, 2016, Defendant A, the president of the DD association, instructed the J and K to the end of the DF office located in the DF office at around 09:00 on July 21, 2016, Defendant A, the president of the DD, “at the end of the DF office at the DF office at the time of the completion of the union operation, only the refund can be avoided, but if he is towed, he would be able to escape more much.” The above J and K, under the direction of the Defendant, were on the second floor of DF warehouse in the DF office located in the Gangwon Yangyang Yangyang-gun on the same day at around 11:00.

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