logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.06.11 2015고정954
노동조합및노동관계조정법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the Vice Minister of Accounting and Accounting of D in Busan, and is an employer who acts for the joint representative of the above company, who is the business owner.

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

Nevertheless, when the Defendant came to know that the pro-con voting for industrial action is carried out on April 18, 2014 after 45 workers working in the above workplace join the general labor union of the Republic of Korea, the Defendant made a statement to the effect that, around April 16, 2014, the Defendant engaged in the operation of a trade union by communicating four members, such as E, F, G, and H, who are union members of the above union, to the effect that, on April 16, 2014, they would have an influence on the above voting.

Accordingly, the Defendant, an employer, committed unfair labor practices.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement to I, J, and K;

1. A written statement F and L;

1. Application of Acts and subordinate statutes on the recording materials related to the pros and cons telephone on April 16, 2014;

1. Relevant Acts concerning facts constituting an offense and Articles 90 and 81 subparagraph 4 of the Trade Union and Labor Relations Adjustment Act;

1. Determination on the Defendant and the defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse

1. The alleged defendant and his defense counsel argued that ① the defendant does not act on behalf of the owner of D, and ② the defendant calls to four persons, such as E, in which he was aware of his reputation, and ② whether the defendant is not an employee of the company, or not there is a member of the company," but this merely expresses the defendant's opinion and does not constitute a conversation that could undermine the independence of the trade union, and there was no intention to intervene in the operation of the trade union.

2. Determination

A. The Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

arrow