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(영문) 인천지방법원 2017.05.26 2016고정3041
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 24, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of the Labor Standards Act at the Incheon District Court on March 24, 2017, and the said judgment was finalized on April 1, 2017.

The defendant is the representative director of Jung-gu, Incheon, who is a company D in Jung-gu, and has been engaged in the business of manufacturing and selling newspapers using 80 full-time workers, and the victim E is a reporter of D.

The Labor Relations Commission shall comply with the contents of a labor dispute mediation protocol prepared and signed by the Labor Relations Commission and signed and sealed by the parties concerned.

On December 23, 2009, the mediation committee of Dwork disputes, Inc., the Incheon Regional Labor Relations Commission, prepared a mediation plan of labor disputes, presented it to each labor-management party, and signed by each labor-management party on the same day, and thus the mediation protocol became effective from February 1, 2010. Article 1 of the "Composition and Resolution of the Disciplinary Committee" stipulates that the company shall constitute the disciplinary committee in the same number of number of labor-management and appointment by the president.

Nevertheless, on October 28, 2014, the defendant held a disciplinary committee to decide on disciplinary action against the victim in the above D, which is located in Incheon, and held the disciplinary committee without the attendance of three members in the company and one member in the union.

As a result, the defendant violated the contents of a mediation agreement on a labor dispute concerning the disciplinary procedure.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Notice of organization agreement and disciplinary action;

1. Previous convictions: Resident inquiry, inquiry about criminal history, text of judgment, and application of Acts and subordinate statutes as a result of case search;

1. Article 92 of the Trade Union Act and Articles 92 and 61 (1) of the Labor Relations Adjustment Act concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. Summary of the facts charged

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