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(영문) 대전지방법원 서산지원 2015.02.13 2014고정398
노동조합및노동관계조정법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of C, a corporation in Seosan City, who ordinarily employs 73 workers and operates the repair business of electronic equipment.

An employer shall not refuse or neglect, without any justifiable reason, the conclusion of a collective agreement by the representative of a trade union or the person delegated by a trade union.

Nevertheless, the Defendant participated in the collective bargaining on September 12, 2013 and participated in the collective bargaining on September 24, 2013 without justifiable grounds. Since September 30, 2013, the Defendant participated in the collective bargaining on September 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. Application of Acts and subordinate statutes to copies of various documents, such as a request for bargaining;

1. Article 90 and subparagraph 3 of Article 81 of the Trade Union and Labor Relations Adjustment Act regarding criminal facts;

1. Selection of a penalty (including the fact that collective bargaining between the defendant company and the trade union was concluded smoothly and the complaint has been withdrawn by the trade union on December 31, 2014, and the circumstance why the defendant was not involved in collective bargaining, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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