The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. in Ansan-gu B, who runs transportation business by using 195 full-time workers.

An employer shall not control or intervene in the organization or operation of a trade union by workers, and shall not pay wages to the full-time officer of a trade union, or assist the operation expenses of a trade union.

However, it is unreasonable for an employer to permit an employee to engage in the activities under Article 24(4) during working hours, and the contributions of the Fund for the prevention, relief, etc. of the employee's welfare funds, economic inequality, and other disasters, and the provision of a trade union office of a minimum size.

Nevertheless, the Defendant, from February 7, 2013 to October 16, 2017, committed an unfair labor practice that pays wages exceeding 11,335,856 won per year to D, who are working in full-time as a full-time officer of a trade union, by establishing an excessive standard than the amount of wages normally receivable as an exemption from working hours.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A written accusation;

1. The Seoul High Court Decision, the Review Decision of the Central Labor Relations Commission, the Defendant and the defense counsel’s assertion on the Defendant and the defense counsel asserted that the Defendant set D’s benefits within the limits of working hours, and that there was a non-prosecution disposition by the prosecution in the same case against other transportation companies around 2014, the Defendant did not intend to violate the Act or constitutes legal errors.

Even if a collective agreement between labor and management is reached, an employer’s act of paying excessive wages to a person exempt from working hours without justifiable grounds is beyond the scope permitted under the proviso to Article 81 subparag. 4 of the Trade Union and Labor Relations Adjustment Act.