Defendant

A Co., Ltd. shall be punished by a fine of 3,00,000 won, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B above.

Punishment of the crime

Defendant

B is the representative of the defendant corporation A, who is located in Gangwon-gu Seoul Special Metropolitan City D, and has operated accommodation business with 54 full-time workers.

1. No employer of defendant B shall refuse or neglect the conclusion of an agreement with the representative of a trade union or a person delegated by a trade union on an organization or any other organization without any justifiable reason;

Nevertheless, the Defendant did not comply with each of the requests for negotiations made on May 3, 2016 by the Korea Labor Union A, the Korea Labor Union and the Korea National Health Association on May 18, 2016, May 30, 2016, May 30, 2016, May 30, 2016; June 2, 2016; and June 7, 2016 without good cause.

2. Defendant A, a representative of the Defendant, did not comply with the demand for bargaining by the above A trade union without justifiable grounds as described in paragraph (1).

Summary of Evidence

1. The legal statements of Defendant A and some of Defendant B’s legal statements

1. Each police statement made to E and F;

1. Complaint;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 94, 90, and 81 subparag. 3 of the Trade Union and Labor Relations Adjustment Act;

B. Defendant B: Trade unions and Labor Relations Adjustment Act Articles 90 and 81 subparag. 3 of the Labor Relations Adjustment Act, and the choice of fines

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B and his defense counsel’s assertion and determination of Defendant B and his defense counsel under Article 334(1) of the Criminal Procedure Act of each Criminal Procedure Act of the order of provisional payment were difficult to attend due to business reasons on the date of negotiation unilaterally determined and notified by the union and thus, there is a justifiable reason for not complying with the demand for collective bargaining.

However, the following circumstances revealed by the evidence duly adopted and investigated by this Court, i.e., (i) the labor union was requested to negotiate more than five times, such as criminal facts, and (ii) the company requested postponement.