The sentence of punishment against the Defendants shall be suspended.

Punishment of the crime

An employer shall not control or intervene in the organization or operation of a trade union by workers, and shall not pay wages to the full-time officer of a trade union, or assist the operation expenses of a trade union.

However, it is unreasonable for an employer to allow an employee to engage in activities, such as the maintenance and management of a trade union without any wage loss within the scope not exceeding the limit of working hours, except as the employee’s welfare fund or for the prevention, relief, etc. of economic depression and other disasters, and the provision of a trade union office of a minimum size.

1. Defendant A is the representative director of G Co., Ltd., Ltd., located in Jinjin-gu Seoul Metropolitan City F, who ordinarily employs 470 workers and operates bus transport business.

On June 24, 2011, the Defendant entered into a collective agreement with the previous North Korean Automobile Trade Union and the Jeollabuk-do Bus Transport Business Association on the payment of annual wages exceeding 46% from other workers under the same conditions to the full-time officer of the said company G, who was exempted from working hours, compared to the other workers under the same conditions. Accordingly, the Defendant paid the same wages to the said H from January 201 to December 2012, 201, and controlled or involved in the organization and operation of the labor union.

2. Defendant B is an employer who runs bus transport business by employing 390 full time workers as the representative director of the J-based limited liability company J, Seoul Metropolitan City I.

On June 24, 2011, the Defendant paid annual wages exceeding 42% compared to other workers under the same conditions to K, the full-time officer of the said limited liability company J, who is the president of the J branch of the motor vehicle trade union in the former North Korean region, who is the full-time officer of the said limited liability company.