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(영문) 서울남부지방법원 2014.06.30 2012고정419
노동조합및노동관계조정법위반
Text

Defendant

A A shall be punished by a fine of KRW 1,000,000 and by a fine of KRW 1,000,000,000, respectively.

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the Provisional B Trade Union, and the defendant A-title B Trade Union is an organization organized by three organizations, including the E-Trade Union, the F-Trade Union, and the G-Trade Union on September 23, 2009, with approximately 100,000 incumbent H members after the merger resolution. A-title B Trade Union submitted a trade union establishment report to the Minister of Labor on February 25, 2010, but the Minister of Labor rejected the above establishment report on March 3, 2010 on the ground that 82 was dismissed or prohibited from being admitted as a member of the H Trade Union, and 8 general managers are members of the B-Trade Union.

As a result, a trade union does not meet the establishment requirements of a trade union, it is not a trade union under the Trade Union and Labor Relations Adjustment Act.

1. On March 9, 2010, Defendant A continued to use the above trade union name until October 8, 2011, from that time, the name of the trade union was used from that time to October 8, 201, including holding a press organization reporters, etc. to the effect that “request for administrative litigation following the return of the report on establishment of the labor union and filing a complaint with the Minister of Labor” and distributing printed materials.

2. Defendant A, an employee of the B Trade Union, used the name of the trade union as referred to in the preceding paragraph in relation to the business affairs of Defendant A.

Summary of Evidence

1. Statement to J police officers;

1. Return of the trade union establishment report, and correction instruction;

1. A written judgment on litigation for cancellation of a report on establishment of each trade union and anti-report;

1. Application of Acts and subordinate statutes to the investigation report (verification as to whether the title of K union is used);

1. Defendant A of the pertinent legal provisions on criminal facts: Subparagraph 1 of Article 93 and Article 7(3) of the Trade Union and Labor Relations Adjustment Act; Defendant B trade union under the provisional name of Defendant B: Articles 94, subparagraph 1 of Article 93 of the Trade Union and Labor Relations Adjustment Act; and

1. Defendant A of detention in a workhouse: Article 70 of the Criminal Act.

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