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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant, as the representative director of the C Co., Ltd. located in Geumcheon-gu Seoul Metropolitan City, is an employer who runs the taxi transport business using 43 full-time workers.
An employer shall not dismiss or put a worker at a disadvantage on the ground that the worker has joined or attempted to join a trade union, or has attempted to organize a trade union, or has performed any other lawful act for the operation of a trade union.
Nevertheless, the Defendant, on the ground of trade union activities, suspended members E from working on board from September 1, 2012 to September 24, 2012, and dismissed on September 25, 2012.
(b) An employer shall not control or intervene in the organization or operation of a trade union by workers, and shall not pay wages to the full-time officer of a trade union or assist the operation expenses of a trade union;
Nevertheless, for the purpose of interfering with the operation of a trade union, the Defendant suspended the members E of the D trade union from September 1, 2012 to September 24, 2012, and was dismissed on September 25, 2012 to control and change the operation of the trade union.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of the written adjudication (Before North Korea 2012 Schedule 246/No38);
1. Article 90, subparagraph 1 of Article 81 of the Trade Union and Labor Relations Adjustment Act (or a disadvantage provided on the ground of the trade union's activity) and subparagraph 4 of Article 90 of the same Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;