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(영문) 대구지방법원 서부지원 2014.11.27 2014고단738
노동조합및노동관계조정법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a user who actually operates D Co., Ltd. in Daegu-gu, and employs 60 full-time workers and operates taxi transportation business.

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 other collective bargaining.

On September 28, 2012, the DF trade union changed the structural form of D-Subdivision into the Daegu Regional Headquarters of the Korea taxi industry trade union. The Korea taxi industry trade union, which is an industrial trade union, did not delegate the right to negotiate a collective agreement to the Daegu Regional Headquarters of the Korea taxi industry trade union to the D-Subdivision. Therefore, workers negotiating parties are the Korean taxi industry trade union.

Therefore, as the representative of collective bargaining with the Daegu Regional Headquarters of the National Taxi Industry Workers' Union visited D Co., Ltd. office on May 30, 2013 and demanded the Defendant to "labor-management negotiations for the conclusion of the 2013 Forest Agreement", the Defendant was aware that the president of the Daegu Regional Headquarters of the Daegu Regional Headquarters of the National Taxi Industry's Union was not entitled to enter into collective bargaining and collective agreements as a party to collective bargaining as an employee E.

Nevertheless, the Defendant refused labor-management negotiations with the National taxi industry trade union in 2013 in order to renew the 2013, and entered into a "group agreement and wage agreement agreement" with the head of the Daegu District Headquarters of the National taxi industry trade union in the D Co., Ltd. located in Daegu-gu, Daegu-gu, on May 31, 2013, and the head of the D Co., Ltd. D Co. office in the D Co., Ltd. headquarters in the Daegu-gu, Daegu-gu, and the head of the D Co., Ltd., May 31, 2013.

Accordingly, the Defendant refused or neglected the conclusion of collective agreements and other collective bargaining with the representative of a trade union or a person delegated by a trade union without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1.F.

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