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(영문) 서울동부지방법원 2016.06.14 2015고정972
노동조합및노동관계조정법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is the employer who runs credit business, etc. as the president of the Korea Credit Cooperatives in Songpa-gu Seoul Metropolitan Government.

On December 8, 2012, four members of D and D credit cooperatives were established on December 8, 2012 and subscribed to the National Trade Union of Korea, a higher-level organization.

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

Nevertheless, around December 17, 2012, the Defendant requested the Labor Union F and G to prepare a written statement on the revocation of the establishment of labor union and the background of the establishment of labor union at the conference room of the above D Credit Union around December 17, 2012, and controlled or involved in organizing and operating a trade union over 10 times from March 16, 2014, such as the written list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the witness H in the third public trial records;

1. Statement of witness E in the fourth public trial protocol;

1. Statement made by the witness I in the fifth public trial records;

1. Statement made by each police complainant against I and E;

1. Each statement of F, G, I, H, and J;

1. Each complaint;

1. Application of the Acts and subordinate statutes requiring collective bargaining to address enormous economic losses caused by questionnaires, ordinary performance of work thoroughly, and the total strike of labor disputes;

1. Relevant Article of the Act and Article 90 of the Labor Relations Adjustment Act and Article 81 subparagraph 4 of the same Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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