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(영문) 수원지방법원 2014.06.26 2013노6247
노동조합및노동관계조정법위반
Text

The judgment of the court below is reversed.

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

Defendant

A The above fine shall be imposed.

Reasons

[Judgment on the grounds of appeal] The summary of the grounds of appeal (the factual errors and misapprehension of the legal principles) prevents all of the offices of the branch offices of the Korea Metal Trade Union Gyeonggi Metal Branch E branch as shown in the facts charged is a legitimate exercise of the right to manage the facilities of Defendant B (hereinafter “Defendant Company”) by taking into account the need to prevent electrical safety accidents and fire and to comply with employment maintenance measures. Thus, the above act does not constitute an act of controlling or intervening in the operation of a trade union, but did not constitute an act of intentional conduct of unfair labor to Defendant A.

In addition to the following circumstances established by the evidence duly adopted and examined by the court below as to the grounds of appeal, the court below's determination of conviction is without merit. Thus, the defendants' above assertion is without merit.

① When all of the above divisions (G) offices are cut off, any person may expect that the members belonging to the above divisions will interfere with the operation of the trade union within the said branch, and the defendant A continued to interfere with and block all of the above divisions even after receiving text messages from G, stating, “I have been engaged in labor union operations. All of them have been recovered from all again,” and there is no doubt that the above division’s activities interfered with the operation of the above division and there is no awareness about the defendant A.

(2) The circumstances asserted by the Defendant as the grounds for appeal are that it does not violate the measures to maintain employment of the Defendant company, since the members of the above sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

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