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(영문) 서울서부지방법원 2014.09.24 2013고정671
노동조합및노동관계조정법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a current or former representative of the G Workers' Union in Yongsan-gu Seoul Metropolitan Government.

When it is deemed that a resolution or disposition of a trade union is in violation of the Labor Relations Commission’s labor-related Acts or regulations, the administrative agency concerned may issue an order for correction with the resolution of the Labor Relations Commission, and the trade union in receipt of the order for correction shall implement it within 30 days, and the trade union in accordance with the rules of the G trade union shall consist of the employees working in G and those working in H-related industries and related industries, and

The Defendant, while serving as an employee in G around May 4, 201, was dismissed on January 14, 201 from office on January 14, 201, failed to comply with the order, without justifiable grounds, even though the head of the Seoul District Office of Employment and Labor, who was decided by the Seoul District Labor Relations Commission, ordered the head of the Seoul District Office to correct the order by January 18, 2012, by deeming that he/she violated the above rules of the G Trade Union by taking a resolution and disposition on each of the removed K as the chief of the department of the G Trade Union L, and by taking a measure on January 4, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of M;

1. Rules of the G Trade Union;

1. Requesting an order to correct a resolution;

1. A written decision on review by the National Labor Relations Commission;

1. Application of Acts and subordinate statutes of collective agreements;

1. Article 93 of the relevant Act on Criminal Facts and Articles 93 subparagraph 2 and 21 (2) of the Trade Union and Labor Relations Adjustment Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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