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(영문) 수원지방법원 안산지원 2013.11.19 2013고정1175
노동조합및노동관계조정법위반
Text

Defendants shall be punished by fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is a managing director of Korea DDD Corporation 2 or 407, who works as a person in charge of personnel labor, and Defendant B is a corporation established for the purpose of manufacturing and selling pressure pumps.

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

1. On November 19, 2012, Defendant A: (a) around 16:20 on November 19, 2012, at the pertinent company’s place of business; (b) at the office located in the branch office located in the production Dong Cdong of the Korean Metal Trade Union, F, etc., was aware of a meeting related to the operation of the trade union; and (c) from such time to November 23, 2012, Defendant A obstructed the normal operation of the trade union by blocking all of the above offices and preventing the use of electricity.

2. Defendant B, at the above date, at the above location, and at the above location, Defendant B, an employee of the Defendant, obstructed the normal operation of a trade union by blocking all of the branch offices and preventing the use of electricity as above, thereby hindering the normal operation of a trade union.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness F and G;

1. Partial statement of the witness H in the court;

1. A protocol concerning the examination of a part of the prosecution against the accused and I;

1. Application of the police protocol of statement to F;

1. Defendant A: Articles 90 and 81 subparag. 4 of the Trade Union and Labor Relations Adjustment Act (the intervention in the operation of a trade union, the selection of a fine): Defendant B, a stock company, and Article 94 and Articles 90 and 81 subparag. 4 of the Trade Union and Labor Relations Adjustment Act (the intervention in the operation of a trade union by an employee of a corporation, the selection of a fine);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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