Cases
2014 Initial 413 Application for Adjudication
Applicant
1. RedA;
****************************
2. RedB
****************************************************
3. Prostitution;
Residence Pyeongtaek-si**********-**
4. Dod;
****************************************
5. National Metal Trade Union;
Chairman Full-F
Seoul Central District*******************************************
The applicant representative;
Attorney Kim Jong-soo, Kim Jong-chul
Suspect
1. CurrentG;
*********************************
***** (**********************************)))
2. The lowestH;
****************************************
3. CourtJ
Residential Displacement
4. Gangnam.
Residential Displacement
5. KimL;
Residential Displacement
6. GM;
Residential Displacement
7. KimN
Residential Displacement
8. MaximumO;
Residential Displacement
19. Mediation;
Residential Displacement
10. 정QQ
Residential Displacement
11. R&A stock company;
Residential Displacement
12. Current-company stock companies;
YG of the representative director
******************************
13.S
****************************
********** (******************************************)))
14.T;
Residential Displacement
15. Computerization
Residential Displacement
16. VV
Residential Displacement
W. 17. High W
Residential Displacement
18. Yel;
Residential Displacement
19.The KimZ.
Residential Displacement
20. New AB
Residential Displacement
21.BC.
*******************
*****************************************************************
22. Charge CD;
Residential Displacement
23. MediationE
Residential Displacement
24. Park EF;
Residential Displacement
25. SteelG
Residential Displacement
26.HI
Residential Displacement
Non-prosecution
Daejeon District Public Prosecutor's Office in Daejeon District Public Prosecutor's Office on December 30, 2013, punishment 2012, 16965, 22937,
2013types 15040, 15160, 16127
Imposition of Judgment
December 30, 2014
Text
1. determine the institution of prosecution against the suspect UG, this BC, dueS, Maximum HH, and U.S. Co., Ltd.
2 . 이 사건 재정신청 중 피의자 유GG, 이BC , 정SS, 최HH , 유기업 주식회사에 대한 나머지 재정신청과 피의자 정JJ, 강FG, 강KK, 김LL , 박MM, 김N, 최OO, 조PP, 유 TT, 이UU, 강VV, 고WW, 정YY, 김ZZ, 신AB, 장CD, 조DE, 박EF, 유HI, 정QQ, RR 자동차 주식회사에 대한 재정신청을 기각한다 .
Reasons
1. Part of the indictment
기록에 의하면, 이 사건 재정신청 중 피의자 유GG, 이BC, 정SS , 최HH, 유기업 주 식회사에 대한 별지 기재 사건 부분에 관하여 공소를 제기함이 상당하다고 인정된다. 2 . 피의자 유GG , 이BC, 정SS, 최HH,유기업 주식회사에 대한 나머지 재정신청 부분 과 피의자 정JJ, 강FG, 강KK, 김LL, 박MM, 유HI, 정QQ, RR자동차 주식회사에 대한 재 정신청
The reasons for the non-prosecution by the prosecutor in this part are acceptable in light of the records, and even if based on the data submitted by the applicants, it is insufficient to change the above non-prosecution disposition (this part of the prosecutor's non-prosecution's non-prosecution disposition is not sufficient for the victims with respect to the remaining workers' non-payment of wages, excluding HongA, leCC, Youngdong Factory Workers Lee Dong-dong Factory Workers, and HongB, and the applicants or their defense counsel did not act on behalf of the above workers or the victims of the above non-payment of wages).
3. Application for the issuance of a complaint against suspect KimN, Maximum0, PP, TraT, UV, GV, W, YY, Kim Z, KimZ, NAB, ZE, and ParkEF
Article 260 (4) of the Criminal Procedure Act provides that "The reason why the application for adjudication is well-grounded, such as facts of crime and evidence of the case subject to the application for adjudication, shall be stated" so that the application for adjudication shall be limited to the scope of adjudication and the grounds for the application shall be clarified.
According to the records, the applicant did not fully re-examine the application for the adjudication of this case on the grounds of the reasons for the application, such as facts constituting a crime and evidence of the case subject to the application for adjudication against the above suspect.
4. Conclusion
As such, among the application for the adjudication of this case, the part concerning the case in the separate sheet of the suspect UG, EBC, ES, LH, and KH are with merit, the prosecution shall be ordered pursuant to Article 262(2)2 of the Criminal Procedure Act. The remaining application for adjudication against the above suspect and the remaining application for adjudication against the suspect shall be dismissed pursuant to Article 262(2)1 of the Criminal Procedure Act, since they violate the legal method or are not justified. It is so decided as per Disposition.
December 30, 2014
Judges
The principal offender (Presiding Judge)
Freeboard Kim Dong-dong
Maximum Sea Day;
Site of separate sheet
Cases subject to prosecution
Criminal Name and applicable provisions of Acts
1. SuspectYG;
Criminal Name: Violation of the Labor Standards Act and Labor Union and Labor Relations Adjustment Act
applicable provisions: Articles 109(1) and 43(1) of the Labor Standards Act; Article 109(1) of the Labor Relations Adjustment Act
Article 90 and Article 81 subparagraphs 1, 3, and 4 of this Act, Articles 30, 37, and 38 of the Criminal Act
2. The suspect, BC andS
Criminal Name: Violation of the Labor Union and Labor Relations Adjustment Act
Articles 90 and 81 subparagraphs 1, 3 and 4 of the Labor Union and Labor Relations Adjustment Act; Criminal Act
Articles 30, 37, and 38
3. Suspectest H.
Criminal Name: Violation of the Labor Union and Labor Relations Adjustment Act
applicable provisions of law: Article 90 and Article 81 subparagraph 4 of the Labor Union and Labor Relations Adjustment Act, Articles 30 and 37 of the Criminal Act;
Article 38
4. A suspect-owned corporation.
Criminal Name: Violation of the Labor Union and Labor Relations Adjustment Act
applicable provisions of law: Article 90, Article 81, subparagraphs 1, 3 and 4 of the Labor Union and Labor Relations Adjustment Act, and Article 94;
Articles 30, 37, and 38 of the Criminal Act
Criminal facts
1. All facts;
The suspect-based corporation is a corporation with about 730 full-time workers at the headquarters and the Asan-si, Chungcheong-gun, Chungcheongnam-gun, east-gun,******************************* the representative director of the U company of the U.S. company, the suspect BC is the head office of the U.S. factory of the U.S. company, and the suspect BC manages the production and technology of the I.S. factory as the vice president, and the suspect HH takes charge of labor management as the regular director of the U.S. factory, and supervises all affairs related to the employment, personnel management, labor management, etc. of the U.S. factory as the head office of the U.S. factory.
On December 30, 2013, the suspects were indicted for a violation of the Labor Union and Labor Relations Adjustment Act in the Daejeon District Court's Support for the Incheon District Court on December 30, 2013 and are currently pending trial.
The U.S. companies established the ASEAN branch organic association of the Korean Democratic Trade Union Korea Metal Branch (hereinafter referred to as the "ASEAN branch association") and the ASEAN branch association of the Korea Metal branch of the Korea Metal Trade Union (hereinafter referred to as the "YY branch"). The U.S. companies and the ASEAN branch of the Korea Metal branch of the Korea Metal Trade Union (hereinafter referred to as the "YY branch") conducted special negotiations with regard to the introduction of the two major classes per week from January 18, 201 to May 4, 2011. The ASEAN branch and the Young-dong branch of the Korea Metal branch of the Korea Metal Trade Union (hereinafter referred to as the "ASEAN branch") decided to conduct industrial actions, such as collective adjustment, etc., intermittently from March 25, 2011 to May 17, 2011 through members' counter-voting voting.
On May 18, 201, the oil company decided to conduct a lock-out with respect to an Asan Factory on May 20, 201, and the Asan District Association occupied the Asan Factory completely from May 18, 201 to May 24, 2011, and the Youngdong Branch also participated in the Asan Factory Occupation from May 19, 201 to the Asan Factory Occupation, and the Asan Company decided to conduct a lock-out with respect to the Asan Factory around 08:00 on May 23, 2011.
During the lock-out period, neighboring senior citizens who were individually returned to their work at the ASEAN mountainous district council and the Young-dong branch strike was established on July 15, 201 after they were expelled or withdrawn from the existing ASEAN mountainous district council or Young-dong branch council, and thereby, multiple labor union was engaged in the excursion company. After all, the excursion company terminated the lock-out on August 22, 201, through the coordination of the case of taking measures to suspend the effect of the lock-out in the Daejeon District Court Support on August 16, 201, in the Daejeon District Court Support on August 16, 201.
2. Violation of the Labor Union and Labor Relations Adjustment Act;
(a) the maintenance of a lock-out at an Asan Factory of the suspect UG, EBC, and SS;
On May 18, 201, members of the ASEAN and Young-dong Branch began to work in a strike after voting for union members on May 18, 201, and the suspects took part in a lock-out on May 18, 201.
Afterward, the Korean Metal Trade Union and the Afolal District Association request the relevant company to hold a special negotiation that requires the relevant company to return to work en bloc at least 15 times from July 1, 201 to July 24, 201, and express their intention to work on July 12, 201, by sending a notice of return to work.
Nevertheless, the suspects conspired to maintain a lock-out from July 12, 201 to August 21, 201 without good cause, thereby controlling or participating in the organization or operation of a trade union by workers.
(b) Starting and maintaining a lock-out of suspect YG or H’s Young-dong factory;
In May 18, 201, members of the ASEAN and Young-dong Branch moved into the strike on May 18, 201, and then occupied an Asan Factory immediately to take a lock-out measure against Asan Factory Co., Ltd.
On May 23, 2011, the suspects conspired to conduct a lock-out for the Youngdong factory without justifiable grounds, on the ground that the members of the ASEAN District Association and the Youngdong Branch might occupy the Youngdong factory at around 08:00, and maintained a lock-out by August 21, 201, thereby controlling or participating in the organization or operation of the labor union.
(c) refusing collective bargaining of suspect UG, thisBC, and SS;
After the members of the ASEAN and the Young-dong Branch joined the strike, the Korean Metal Trade Union and the ASEAN, from July 1, 201 to July 24, 201, demanded a collective bargaining over 15 times in all as shown in the list of the refusal to participate in collective bargaining in the Asan factory’s shares company as shown in the attached list of crimes committed by the Asan factory.
Nevertheless, the suspects conspired to refuse collective bargaining or neglect collective bargaining without good cause.
(d) the organization and operation of the PG, EBC, ES, and LH’s UP trade union (ju), and involvement in and disadvantage against such union;
(1) The criminal suspects conspired to hold a trade union establishment general meeting in Asan Factory between the lower order of June 201 and the middle order of July 201, and, when reporting the establishment of a company-based trade union by JK, the lowest KL, and ALM, notified the labor union establishment procedures to the least KK, the highest KL, and ALM, and made efforts to control or intervene in the labor union by preparing trade union regulations, general meeting minutes, etc.
(2) Between January 9, 2012 and January 26, 2012, the suspects conspired to have 49 employees of the office employees of the company belonging to the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company.
(3) The suspect UG, this BC, and dueS
(A) On December 27, 201, 201, in collusion with the Deputy Secretary of the Manufacturing Department of Asan Factory, ParkF in the Am200 Am2, recommended workers MN to withdraw from the Am20 and to join the Am20, thereby controlling or participating in the organization or operation of a trade union by workers to enter the Am20 trade union;
(B) in collusion with the head of the Asan Factory and the head of the department ENO on December 8, 201.
This NO shall withdraw from HOP and establish a new group of workers (State) after withdrawal from HOP
by soliciting workers to join the union and by controlling the organization or operation of the union by workers;
activity to intervene in it;
(C) in collusion with the Director of the Asan Factory Inspection Team Department in collusion
① During the period from September 1, 2011 to December 31, 2011, throughout the period between September 1, 2011 and December 31, 2011, the strong Q Q in the Asan factory, despite the newly-established employee’s labor union granted overtime and holiday work to 13 workers, including the Korea Workers’RS, etc., of the ASEAN, did not grant overtime and holiday work to 13 workers, thereby giving disadvantage to that employee on the ground that the employee joined the labor union;
② On December 8, 2011, Asan factory recommended workers Kim QR to join a new U.S. Trade Union established by leaving from the A.S. Congress to control or intervene in the organization and operation of a trade union.
(e) Suspected company;
The suspect violated the Labor Union and Labor Relations Adjustment Act, such as the suspect's representative director's representative director's representative director's representative director's representative director's representative director's representative director's director's director's director's director's director's director's director's director's director's director's director's director's in the A
3. Violation of the Labor Standards Act;
The accused UG shall:
A. From July 12, 2011 to August 21, 2011, for a period of time from July 12, 2011, wages of RedA workers in an Asan Factory, wages of KRW 4,567,031, and wages of Workers Prostitution 7,792,132;
B. From May 23, 2011 to August 21, 2011, the employees of the Youngdong Factory did not pay 17,377,269 won wages of DD and 16,113,097 won wages of workers HongB during the period from May 23, 2011.
A person shall be appointed.
Current status of admission of workers in office management-based workers (state workers' union) trade unions;
- - Not more than - Other