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(영문) 서울중앙지방법원 2017.04.21 2016고정4318
노동조합및노동관계조정법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a representative director in Seocho-gu Seoul Metropolitan Government F.O. who is a user who operates transportation business by using more than 650 full time workers.

1. The Defendant’s unfair labor practices through the payment of wages to full-time officers of the labor union at the office of the above company around September 2015; the negotiating members who work for the temporary full-time officer of the labor union during the period for the negotiation between the labor and management may be paid in full-time by not later than 60 days pursuant to the labor and management agreement of 2007; and the period thereafter shall be deemed to have worked only on the date of actual negotiation (including the preceding day) and shall be paid in full-time wages, despite the fact that he/she shall be deemed to have worked for the date of actual negotiation; however, he/she shall be deemed to have paid in full-time wages for more than 10 days during the 2015 short-term bargaining, which took place from June 2015 to November 2015, a labor union (F branch of the Korea Automobile Workers’ Federation affiliated with the General Federation of the Korean Workers’ Union) (hereinafter referred to as the “Korean Automobile Workers’ Union”) in full-time bargaining for more than 20 years 10 to 3 years and 10.

Accordingly, the Defendant paid wages to the full-time officer of a trade union.

2. On March 22, 2012, the Defendant provided subsidies of KRW 13,650,000,00 in total for the training expenses of H by the Chief of the F Branch participating in the high speed portion of the Korean Automobile Union Federation, which is a superior organization of the said F Branch, and the F Branch Chairperson participating in overseas training hosted by the Committee, from that time until November 13, 2015, from that time until November 13, 2015.

Accordingly, Defendant is a trade union.

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