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(영문) 서울서부지방법원 2016.05.13 2015고정226
노동조합및노동관계조정법위반
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. The summary of the facts charged is the members of the Korean Railroad Trade Union, and the act of suspending or obstructing the legitimate maintenance and operation of essential business cannot be conducted as an act of dispute, and the vehicle manager is a person engaged in the daily inspection or maintenance of vehicles necessary for the safe operation and who performs essential business, notwithstanding that the said person is a person engaging in the daily inspection or maintenance of the vehicles

A. Defendant A, B, C, and D conspired to hold a partnership’s general meeting at the K rolling stock office located in the Korean Railroad Corporation located in the J; by 33 members designated as a vehicle manager from April 5, 2014 to 23:00; by 11 members designated as a vehicle manager from April 8, 2014 to 11:00; by 8 members designated as a vehicle manager from April 9, 2014 to 09:00 to 11:00; by 8 members designated as an employee for an essential business; and by 09:20 to 09:40 from April 9, 2014 to 09:40 from April 9, 2014; and by obstructing the legitimate maintenance and operation of an essential business as shown in attached Table (1).

B. Defendant E, F, and G conspired to hold a partnership’s general meeting at the KMMMMMMMMMMMMMMMMMMMMMMMMMMM, the following acts were committed by six members designated as an employee of the KMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM

2. Determination

A. Whether the general meeting of this case was conducted as an act of dispute and the trade union and Article 42-2(2) of the Labor Relations Adjustment Act are prohibited from engaging in the act of dispute to discontinue or interfere with the legitimate maintenance and operation of essential business.

The summary of the facts charged in this case is that the Defendants violated the above provision.

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