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(영문) 울산지방법원 2013.06.13 2011고단4727
업무방해등
Text

Defendant

A Imprisonment with prison labor for four months, 10 months, and 200,000 won, and 10 months and fines for Defendant C.

Reasons

Punishment of the crime

[Attachment] Defendant A was sentenced to a suspended sentence of two years on February 3, 2012 by the Ulsan District Court for the crime of interference with business, etc. on October 11, 2012, and the said judgment became final and conclusive on October 2, 2012. Defendant U was sentenced to a suspended sentence of two years for the crime of interference with business in the above court on June 2, 201, and the said judgment became final and conclusive on October 11, 2012.

[Opening of the case] The Y non-regular branch of the labor union (hereinafter “Y”) affiliated with X organizations (hereinafter “X”) (hereinafter “Y”) is a labor union comprised of workers belonging to the AA factory subcontractor of the victim Z Co., Ltd. (hereinafter “victim Co., Ltd.”), and has consistently demanded that the victim company convert all employees belonging to the above in-house subcontractor labor union into regular employees.

The Supreme Court Decision 2008Du4367 Decided July 22, 2010 ruled that the victim company received illegal dispatch and used the above worker for more than two years in relation to the lawsuit for cancellation of the application for unfair dismissal relief against the worker AB belonging to the above company and thus, the victim company is deemed to have been directly employed by the victim company in accordance with the relevant laws.

From October 6, 2010 to May 11, 201, the above in-house in-house in-house in-house in-house in-house in order to increase wages including 90,982 won in basic pay to the victim company through Y, which is a superior organization, for four times from around October 6, 2010 to around November 1, 200, to convert all employees working for in-house in-house in-house in-house subcontractor into full-time workers, and to pay unpaid wages simultaneously with the conversion of

However, the Z refused the above negotiation request to the effect that workers belonging to the above in-house subcontractor are not in a labor contract with the Z and thus cannot be a party to the negotiation.

Accordingly, the above in-house management union shall be adjusted to the National Labor Relations Commission through Y around November 5, 2010.

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