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(영문) 대전지방법원 2016.01.14 2015고정1211
노동조합및노동관계조정법위반
Text

The Defendants are not guilty. They disclose the summary of the judgment of innocence against Defendant A, C, D, and E.

Reasons

1. Defendant A is the representative of H Co., Ltd. in G and engaged in taxi transportation business by ordinarily employing 60 workers, and Defendant B is the representative of J Co., Ltd. in G and engaged in taxi transportation business by ordinarily employing 49 workers. Defendant C is the employer who ordinarily employs 59 workers as the representative of K Co., Ltd. in K and engages in taxi transportation business. Defendant D is the employer who is engaged in taxi transportation business by ordinarily employing 50 workers. Defendant D is the representative of N Co., Ltd. in M and is the employer who is engaged in taxi transportation business by ordinarily employing 50 workers. Defendant E is the representative of P taxi limited partnership inO and is the employer who ordinarily employs 42 workers and operates taxi transportation business.

An employer shall not engage in any unfair labor conduct, such as controlling or participating in the organization or operation of a trade union by any worker.

However, even though the Defendants knew that the Korea Labor Union Q regional headquarters of the Korea taxi industry trade union (hereinafter “this case’s agreement”) was a representative bargaining trade union established pursuant to the procedures for simplification of bargaining windows commenced on April 7, 2014, the Defendants signed a joint signature with a democratic labor union of public transportation and social service trade unions (hereinafter “Article 2 union”) who did not participate in the procedures for simplification of bargaining windows at the time and participated in the operation of the trade union in the manner of infringing the representative bargaining trade union’s right to negotiate and the right to enter into collective agreements (hereinafter “agreement”) from November 16, 2014.

2. Determination

A. According to Articles 21(1) and 26(2) of the Passenger Transport Service Act, a transport business operator shall receive the total amount of transport income he/she receives from a transport employee to a transport employee, and a transport employee shall pay the total amount of transport income to the transport business operator.

(b).

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