Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

An employer shall not dismiss or disadvantage a worker on the ground that the worker has joined or attempted to join a trade union, or has attempted to organize a trade union, or has performed any other lawful act for the operation of a trade union.

The defendant is the representative of the modern automobile D agency in the Guro-si Seoul, who runs the automobile sales business using 15 full-time workers.

The Defendant, on September 30, 2015, committed an unfair labor act that gives disadvantages by dismissing the above E on the ground that E, who worked as a business employee from March 11, 2010 to September 30, 2015, served as the head of the F Trade Union Secretariat established in the above workplace of the Defendant-person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written ruling and decision of the relevant Labor Relations Commission;

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 90 and 81 subparagraph 1 of the Labor Relations Adjustment Act, and the selection of a fine;

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;

1. The judgment and the defense counsel on the issue of the main text of Article 186(1) of the Criminal Procedure Act with respect to the cost of lawsuit is not a worker under the Trade Union Act and the Labor Relations Adjustment Act (hereinafter “Labor Union Act”), and thus, the defendant unilaterally terminated the contractual relationship with E.

It argues that it does not constitute an unfair labor practice.

Article 2 subparagraph 1 of the Labor Union Act provides that "worker means a person who lives on wages, wages, or other income equivalent thereto, regardless of the type of occupation."

Workers under the Trade Union Act refer to those who engage in labor under the subordinate relationship with others, and receive wages or other income as compensation.

. Specifically;