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Defendants shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
Defendants are the representatives of Gyeyang-gu Incheon Metropolitan City (NE) E, who run the taxi transport business jointly with 80 full-time workers.
An employer shall not refuse or neglect, without any justifiable reason, the conclusion of an agreement with the representative of a trade union or a person delegated by a trade union on a collective agreement or other organizations.
Nevertheless, the Defendants jointly refused to negotiate wages requested four times from March 10, 2016 to March 29, 2016 by Korea Labor Union, which became a representative bargaining trade union on August 9, 2015, without justifiable grounds.
Summary of Evidence
1. The Defendants’ respective legal statements
1. Statement made by the police with regard to F;
1. Investigation report ( telephone conversations with a person in charge of the Incheon City in relation to the taxi rate increase plan);
1. Application of the Acts and subordinate statutes of a written request for bargaining;
1. Relevant legal provisions and the Defendants’ choice of punishment on criminal facts: Each trade union and each of the labor union under Article 90 and Article 81 subparag. 3 of the Labor Relations Adjustment Act, Article 30 of the Criminal Act, and each of the fines provided for in Article 30 of
1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: Determination on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act
1. The Defendants asserted that they had been engaged in collective negotiations from November 2015 to August 201, 2015, and agreed to reflect the demand for the increase of the minimum wage on the part of the union at the time, and tried to set the rate of adjustment of working hours and increase in the taxi commission of workers in order to secure the financial resources.
Since then, the union has delegated the authority to negotiate with the Incheon Headquarters of the National taxi trade union of Korea, which is the side of the superior organization, and the previous bargaining position has changed the position to demand only wage figures without changing working hours in the old union.
Accordingly, the Defendants from January 2016 to workers who fall short of the minimum wage is entitled to wages in preference to the minimum wage.