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Reasons
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(영문) 창원지방법원 통영지원 2020.02.13 2019고합34
근로기준법위반등
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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, as the president of a cooperative in C, which was located in B from March 14, 2015 to March 13, 2019, was an employer who runs a financial service business using 269 full-time workers.

1. Violation of the Act on the Promotion of Workers' Participation and Cooperation;

(a) An occupying employer shall hold a meeting of the labor-management council regularly every three months;

Nevertheless, the Defendant did not hold a meeting of the labor-management council in the first quarter of January, 2015, the second quarter of January, 2016, the third quarter of January, 2016, and the first quarter of January, 2017.

(b) Every employer of a workplace who has failed to designate a grievance handling committee shall appoint a grievance handling committee to hear and handle workers' grievances;

Provided, That the same shall not apply to any workplace that employs less than 30 full-time workers.

Nevertheless, the Defendant did not have a grievance handling committee to hear workers’ grievances and handle them from March 14, 2015 to July 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to check the work supervision of workplaces, written confirmation, and reporting the results of special supervision;

1. Articles 32 and 12 (1) of the Act on the Promotion of Workers' Participation and Cooperation (a point where a labor-management council is not held) concerning facts constituting an offense, and Articles 32 and 26 of the Act on the Promotion of Workers' Participation and Cooperation;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes, as provided for in the Act on the Promotion of Workers' Participation and Cooperation due to Non-Appointment of Grievance Handling Members Who are the largest offense);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding three million won;

2. The scope of recommending sentencing criteria: The crimes of this case shall not be set the sentencing criteria.

3. The crime of this case in which a sentence is determined shall be decided by the labor-management council.

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