A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from September 1, 2008, worked as an employee of D Co., Ltd. (hereinafter “D”), a company affiliated with the Asan Factory, who was subject to disciplinary action around March 201, while serving as an employee of D Co., Ltd. (hereinafter “D”), is working as the head of the branch office of the EP branch (hereinafter “Asan Branch”) from March 2009.

"2011 Highest 1628"

1. An intra-company subcontractor association is a trade union formed by employees belonging to an intra-company subcontractor that receives an intra-company subcontract from D to perform the contract work at D Asan plant.

From October 6, 2010 to May 11, 201, Asan Youth Association increased wages including KRW 90,982 in D through E, a superior organization, through four times from around October 6, 201, and demanded special negotiations to convert all workers working for an intra-company subcontractor into full-time workers, and pay unpaid wages as of the date of employment of the intra-company subcontractor workers into full-time workers.

However, D rejected such a request for negotiation to the effect that it cannot be a party to the negotiation because workers belonging to the intra-company subcontractor labor union in three factories, including Asan, Jeonju, and Ulsan, are not in a labor contract relationship with D.

As a result, D in-house subcontractor labor union including Ain-house subcontractor union applied for mediation to the National Labor Relations Commission through E on November 5, 2010, held a temporary representative meeting on November 8, 201, and formed a dispute resolution committee to supervise industrial actions, and around November 12, 199, a general meeting of union members held to vote for and decided on industrial action.

However, the National Labor Relations Commission applied for mediation by D in-house subcontractor as the employer under the name of D in-house subcontractor No. 2010 mediation53 on November 15, 2010 directly with the workers belonging to D in-house subcontractor.