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(영문) 창원지방법원 2018.05.17 2016노3150
근로기준법위반등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. On August 28, 2014, the wage agreement (locked) concluded on August 28, 201 by misunderstanding of facts and legal principles was not agreed to the details thereof, and no signature is effective.

Even if the above wage agreement is effective,

Even if the above wage agreement was null and void, the defendant has already paid wages equivalent to the newly established allowance by not only believed that the above agreement was null and void, but also by paying more wages than those to be paid to the workers under the above agreement.

Since it is believed that there is no intention to do so, there is no intention.

B. The sentence of the lower court (the imprisonment of six months, the suspension of the execution of two years, and the fine of two million won) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On August 28, 2014, the Defendant, the representative of the J Union L branch of the Labor Union LW and the Defendant, the representative of F Co., Ltd., Ltd., signed on August 28, 2014, refers to the “(locked) Wage Convention (Evidence 99 pages) concluded on August 28, 2014.

The effective organization agreement shall be prepared in writing and signed or sealed by both parties (Article 31(1) of the Trade Union and Labor Relations Adjustment Act). The provision that the agreement shall be signed and sealed by both parties to the agreement is to ensure clarity in the authenticity of the collective agreement by clarifying the parties to the agreement, taking into account that collective and continuous labor-management relations subject to regulation of the organization agreement are collective and continuous (see, e.g., Supreme Court Decision 2001Da79457, Aug. 27, 2002). The following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant and workers’ representative entered the above wage agreement on Aug. 28, 2014; ② although the above agreement stated that the wage agreement is “locked”, it appears to have been jointly signed by the KG branch offices in the area where the cooperation in the Republic of Korea is affiliated with the Ministry of Labor.

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