Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of the D agency in Gyeyang-gu Incheon Metropolitan City, who runs a motor vehicle sales business using ten full-time workers.

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

Nevertheless, around April 20, 2016, the Defendant: (a) obtained the signature from E, etc. to the effect that “it is necessary to report whether to join the labor union, and if so, it may not become an agency contract”; (b) was signed by E, etc. to the effect that he/she did not join the labor union; and (c) was aware of the fact that five members who joined the said labor union from April 25, 2016 to May 16, 2016 were affiliated with the said labor union.

As a result, the Defendant controlled workers to organize and operate a trade union or to intervene in the organization and operation of the trade union by inducing workers to withdraw from the trade union.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. Each legal statement of witness G and H;

1. Recording notes;

1. Application of Acts and subordinate statutes of written confirmation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 90 and 81 subparagraph 4 of the Labor Relations Adjustment Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are against the defendant and are the primary offenders, the degree of violation of the rules, motive and circumstances of the crime, balance of the punishment with similar matters, character and conduct of the defendant, environment, etc.