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(영문) 제주지방법원 2014.02.20 2011노384
노동조합및노동관계조정법위반등
Text

All part of the judgment of the court below against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 10,000,000.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Failure to comply with a collective agreement on the guarantee of the minimum number of days of food not paid and the minimum number of times of service (as to the facts charged in the first instance judgment and the fourth lower judgment, the facts charged in the first instance judgment) and the fourth lower judgment, in which some articles belonging to a trade union refusing to provide meals at a cafeteria directly operated by the company are paid 8,000 won per day as provided in the collective agreement, since it is inevitable to operate a cafeteria directly operated due to personnel expenses, rent, food material expenses, fuel expenses, etc., and thus, it was inevitable to pay 40 million won to some articles belonging to the trade union at the expense of 10 million won per day on the wind of which articles belonging to the trade union are written more than necessary leave, and there was no possibility that some articles belonging to the trade union will not be paid the minimum number of days of service as set forth in the collective agreement (as to the withdrawal of labor dispute cases) or that there was no justifiable reason for the chairman to refuse or refuse to provide 20000 times of the collective agreement.

In addition, from October 25, 2010 to November 23, 2010, the place of collective bargaining requested by a trade union was not a company, and on December 6, 2010, the company's request for bargaining made it impossible to attend due to personal circumstances, and only the change of the date of bargaining was required.

Defendant

A’s refusal or neglect of collective bargaining is justified.

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