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(영문) 대전지방법원 천안지원 2018.10.29 2017고정623
노동조합및노동관계조정법위반
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

The defendant is an employer who actually runs the above company as a general manager of C limited partnership companies located in Asan City.

1. An employer who engages in unfair labor practices in disadvantageous treatment shall not dismiss or disadvantage the worker on the ground that the worker has joined or attempted to join a trade union, has attempted to organize a trade union, or has performed any other lawful act for the operation of a trade union;

Nevertheless, on October 1, 2016, the Defendant unilaterally raised an objection to the interim settlement of retirement allowances paid from the company to September 10, 2016 by F, the head of the D Union E branch of the taxi driver, who works as the head of the said place of business, around October 1, 2016, and brought an disadvantage by changing the form of the above F from the first car to the eight-hour work system per day.

2. An employer of unfair labor practices through control or intervention in the organization or operation of a trade union shall not control or intervene in the organization or operation of a trade union by a worker;

Nevertheless, around October 5, 2016, the Defendant received documents from workers, such as G, H, and I, to join a trade union, which is a company-level trade union, from the said workplace, and unilaterally decided the said C trade union as a representative trade union around October 16, 2016 during the period of simplification of the bargaining counter, and participated in the organization and operation of the trade union by concluding a wage agreement with C trade union.

Summary of Evidence

1. A protocol concerning the interrogation of suspect of the police or a statement of the police against the accused;

1. Each legal statement of the witness F, G and J;

1. The witness I and each part of the H's legal statements;

1. A protocol concerning the examination of suspect of the police or protocol concerning the statement of the police to K;

1. Recording notes (1), recording notes (2), recording notes (3), recording notes (4);

1. Class 2 trade union work hours adjustment, C Sub-chapter C's notice of the negotiation schedule, reply to the notice of the negotiation schedule of the forest union union, and the wage agreement (2016);

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