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(영문) 인천지방법원 2016.12.16 2016고정1608
노동조합및노동관계조정법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the F.S. Bank in Yeonsu-gu, Incheon, who is operating the urban bus transportation business by using 139 full-time workers as the representative director of the F.S. Bank.

1. An employer shall not dismiss or put a worker at a disadvantage 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;

Nevertheless, on October 13, 2015, the Defendant was an employee G, H, I, and J who works as a bus driver at the above workplace, and was admitted to the F Branch of the Democratic Bus Workers' Union of the National Transport Industry (hereinafter referred to as the " Democratic Bus Union") on October 22, 2015. As regards G, H, and I and J, the Defendant committed an unfair labor act that gives disadvantage to the Defendant by taking a transfer measure that allows him/her to drive a bus departing from a place where his/her residence and distance are remote.

2. No employer shall control or intervene in the organization or operation of a trade union by workers;

Nevertheless, on October 19 and October 2015, the defendant called up to the office of the above FF Dispute Resolution and sold the company in installments if he/she joins a democratic bus union, and he/she committed unfair labor practices to intervene in the organization and operation of a trade union by ending with the withdrawal of the existing union members.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness K and G;

1. Application of Acts and subordinate statutes to the current status of root, vehicle operation daily, association withdrawal;

1. Relevant legal provisions and Articles 90 and 81 subparag. 1 of the Trade Union and Labor Relations Adjustment Act (the provision at a disadvantage to a trade union member), Articles 90, 81 and 4 of the Trade Union and Labor Relations Adjustment Act (the operation of a trade union, etc.), and the selection of fines, respectively, concerning criminal facts;

1. The Criminal Act among concurrent crimes.

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