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(영문) 대구지방법원 2019.02.15 2017노2670
노동조합및노동관계조정법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

I. Summary of the grounds for appeal

1. Defendant A and B Co., Ltd. (hereinafter “Defendant Company”);

A. Error of fact-finding 1) Defendants are the FFF Trade Union (hereinafter “FFM”)

) The racing branch G branch association (hereinafter referred to as the “G branch association”) is called the G branch association.

2) The term “H organization” (hereinafter “H organization”) as the opposing force

(ii)inviting to be constituted, or K (hereinafter referred to as “K”) of the Labor Law Firm;

Based on the contents of the advice, there was no support for H organization to establish a company-level trade union B. Members of the G branch made a structural change according to their free will, taking into account the company’s situation at the time. Nevertheless, the lower court erred by misapprehending the fact that the Defendants participated in the operation of the trade union without sufficient evidence, thereby adversely affecting the conclusion of the judgment. 2) The Defendant Company’s payment of benefits to N from June 2012 to December 2012 is not unfair labor practices, but rather, even if N was a company-level employee, the Defendant A was entirely unable to find such circumstances.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. Each sentence imposed by the lower court on the Defendants (Defendant A: Imprisonment with prison labor for 8 months, Defendant Company: fine of 5 million won) is too unreasonable.

2. A prosecutor;

A. In the lawsuit of mistake of facts (as to Defendant A, D, and C), the Defendant Company filed against the chairperson of the National Labor Relations Commission for unfair suspension from office and revocation of a retrial ruling on relief from unfair labor practices, Defendant A, D, and C conspired and concluded at the G Branch by the Supreme Court on March 18, 2014, that the suspension of electricity and water measures taken from March 18, 2014 to July 2014 were recognized as unfair labor practices

In full view of the purport of the Supreme Court’s decision, the following three-party relationship with the Supreme Court’s ruling on the issue of the effect of structural change is established.

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