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(영문) 전주지방법원 2013.07.03 2013고정354
노동조합및노동관계조정법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative director of the C Co., Ltd. in Geumcheon-gu Seoul Metropolitan City, is an employer who conducts bus passenger transport business using 227 regular workers.

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

Nevertheless, from April 3, 2012 to May 23, 2012, the Defendant rejected a request for collective bargaining for the total working conditions on April 3, 2012, in order to enter into a new collective agreement in 2011 between the head of the DManagement Democratic Bus Headquarters E, and to negotiate between labor and management, without justifiable grounds.

2. The employer shall be prohibited from awarding a contract or subcontracting the business suspended by an industrial action during the period of such industrial action;

Nevertheless, the Defendant participated in the strike under the above union from March 13, 2012 to July 2, 2012, where nine members, including F, etc., who were the workers engaged in the maintenance service of the above company, as members of the Dano-dong bus headquarters C Branch, and gave a contract for maintenance services, such as transfer to another company from March 26, 2012 to June 6, 2012, while the maintenance service of the said company was suspended due to industrial action during that period, and gave a contract from March 26, 2012 to June 2, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about H;

1. Application of Acts and subordinate statutes to report the acquisition of each investigation data;

1. The case in which the relevant Article of the Trade Union and Labor Relations Adjustment Act, Articles 90 and 81 subparag. 3 (the denial of collective bargaining), Articles 91 and 43(2) of the Trade Union and Labor Relations Adjustment Act, and each of the fines are chosen regarding criminal facts;

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