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(영문) 창원지방법원 거창지원 2017.08.23 2017고정18
근로기준법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

Social welfare foundation A is a juristic person that operates childcare facilities and specialized sanatoriums for the operation of F Care Workers in Chang-Gun E in Chang-gu, Changwon-si, Changwon-si, and Defendant B is an employer who acts for the employer as the president of the F Care Center.

1. With respect to the preparation or amendment of the rules of employment, Defendant B employer shall hear the opinion of the labor union if such labor union exists that is organized by the majority of workers at the business or workplace concerned, and the opinion of the majority of workers if such labor union does not exist, and shall obtain the consent of the modification

Nevertheless, on April 20, 2016, the Defendant newly established Articles 17 (Rules on Removal from Position), 18 (Rules on Ordering Leave), 47 (Rules on Leave of Absence), and 68 (Rules on Ordering Leave of Absence) of the previous Rules of Employment of the Medical Care Center without the consent of a majority of the workers, and revised the rules of employment disadvantageous to workers by revising Article 72 (Additional Grounds for Disciplinary Action) and Article 45 (Reduction of Salary Leave of Absence).

2. Defendant A, a social welfare foundation, committed a violation of the Labor Standards Act regarding the Defendant’s work at the time and place specified in the above paragraph (1).

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness G;

1. Complaint;

1. Application of Acts and subordinate statutes to the list of union members, the list of union members present at the labor-management council, the meeting minutes, the organization limit of the corporation under its control, the list of employees in the F hospital, the list of employees in the F hospital, the comparison table before and after the rules of employment, identification numbers

1. Relevant legal provisions concerning criminal facts and Defendant B who choose a sentence: Article 114 subparag. 1 and 94(1) of the Labor Standards Act; Article 115 of the Labor Standards Act; Article 114 subparag. 1 and Article 94(1) of the Labor Standards Act;

1. Defendant B, who is detained in a workhouse, is the Criminal Act.

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