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(영문) 대전지방법원 2017.09.14 2017노618
노동조합및노동관계조정법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) with respect to the provision of a trade union office as stated in the facts charged in the instant case (hereinafter “instant trade union office”), public correspondence between the nationwide public transportation and social service trade union (hereinafter “public transportation and social service trade union”) and the branches D Branch E of the nationwide public transportation and social service trade union (hereinafter “the instant branch”) and C Co., Ltd. (hereinafter “instant company”); and (b) with respect to the Defendant’s demand for public transportation and labor union, the instant branch has continued to provide a collective mutual aid for public transportation and labor union expenses (physical off) with respect to the instant division as to the instant division, in light of the following circumstances: (c) the Defendant trusted the notice of dissolution on August 26, 2014 of the instant branch office; and (d) the agreement with the said branch became null and void.

I think of this case and did not provide the labor union office of this case, so we cannot believe that there was no intention to do so.

However, the court below accepted the defendant's appeal against the defendant and rendered a not-guilty verdict on the facts charged of this case. The court below erred by misunderstanding the facts.

2. Determination

A. The lower court, based on the evidence adopted, found the facts as indicated in its reasoning, and found the facts as follows. In light of the legal dispute and its progress on the dissolution of the instant branch, the relationship between the instant branch and the F Trade Union (hereinafter “F Trade Union”) (a company-level trade union established in the instant company on August 25, 2014; hereinafter “F Trade Union”), the meaning of the agreement on January 7, 2015 concerning the Defendant and F Trade Union’s office of the instant union, the method of using the instant union office before and after January 7, 2015, the instant union office was used to prevent the instant union members from having access to the instant Trade Union office, the developments leading up to the instant association members from not having access to the instant union office, the M, L and F Trade Union, the side of public transportation, G and K’s statement, etc., the Defendant, upon being notified of the dissolution and its legal effect is unclear.

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