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(영문) 서울남부지방법원 2019.05.30 2018노935
노동조합및노동관계조정법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. E is a trade union duly established under the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) that changes only its name and constitutes a trade union established under the Trade Union Act.

B. The Defendants merely signed the business understanding statement and advisory commission letter prepared by the FF Co., Ltd., and therefore F Co., Ltd. used the trade union’s name and the Defendants did not use the trade union’s name.

C. At the time, Defendants did not have intention because they had no awareness and intent to use trade union name.

2. The Defendants asserted that the Defendants constituted a trade union established under the Trade Union Act, and that the Defendants were not using a trade union’s name, but the lower court rejected the Defendants’ assertion in detail.

Examining the reasoning of the lower court in light of the records of this case, the lower court’s aforementioned determination is justifiable.

Furthermore, considering the circumstances stated in the reasoning of the lower court, the lower court sufficiently recognizes that the Defendants had the perception and intent to use the trade union name at the time.

Therefore, the Defendants’ assertion cannot be accepted.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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