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(영문) 전주지방법원 2013.12.18 2013고정573
노동조합및노동관계조정법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is an employer who has been engaged in taxi transport business using 26 full-time workers as the representative director of the limited liability company D, which is located in Geumcheon-gu Seoul Metropolitan Government, Jeonjin-gu.

An employer shall not control or intervene in the organization or operation of a trade union by workers.

Nevertheless, the Defendant, even though 26 members of the headquarters in the North Korean Trade Union, which took place from October 1, 201 to July 10, 2012, expressed his/her intention to return to work without conditions on the part of the Defendant, including the Defendant, even though 26 members, including the above F, etc., of the D branch of the headquarters in the North Korean Trade Union, were terminated by 26 employees, who are drivers of the Defendant’s company, who belong to the Defendant, and expressed his/her intention to return to work, but did not assign 26 employees, including the above F, etc. from July 16, 2012 to September 11, 2012, thereby preventing them from returning to work without justifiable grounds.

2. Determination

A. According to the records of this case, the following facts are recognized.

1) Limited Company D (hereinafter “instant company”)

2) The instant trade union did not pay wages on the ground that the employer’s side is difficult to manage, and if the taxi drivers were to scrap a vehicle in operation, they decided to engage in the strike and started industrial action from October 1, 201.

(4) On October 1, 201, the company of this case closed a lock-out on October 1, 201, but expressed its intent to return to its work on November 11, 2011. On November 14, 2011, the company of this case proposed to hold a general meeting of employees in which employees and relevant agencies participate by withdrawing lock-out and notifying the labor union of the resumption of work on November 14, 201. (4) The company of this case presented three times the general meeting of employees from November 13, 201 to January 31, 2012.

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