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(영문) 청주지방법원 2017.10.19 2017고정429
노동조합및노동관계조정법위반
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Defendant

A A A shall be punished by a fine of two million won, and each of the defendants' social welfare corporations B shall be punished by a fine of one million won.

Defendant

A.

Reasons

Punishment of the crime

1. Defendant A is an employer who, as the director of the social welfare foundation B secretariat located in Jincheon-gun D, manages and supervises overall matters such as personnel management and management of workers belonging to the above workplace, and acts on behalf of the employer.

An employer shall not control or intervene in the organization or operation of a trade union by any worker.

Nevertheless, the Defendant, at around 18:00 on August 30, 2016, controlled or involved in the organization or operation of a trade union by expressing his/her intent to “a worker may withdraw from the labor union and use it as a one-year consignment contract position” on September 30, 2016 based on the retirement age provision under the rules of employment changed to the person who was on January 28, 2016, when having an interview with E working as a member of the branch of the National Association of Medical Services and Union of the Republic of Korea branch of the Chungcheongnam-do branch of the Chungcheongnam-do branch of the Bank of Korea.

2. Defendant B, a social welfare foundation, at the same time and place as the preceding paragraph, controlled or involved in the organization or operation of a trade union by a person who works for the defendant, at the same time and place as the above.

Summary of Evidence

1. Each legal statement of the defendant A and the representative director B of the social welfare foundation F;

1. Statement of the police statement to G and E;

1. Recording book (45 pages of evidence);

1. (Juristic Person) Any certificate to be registered;

1. Articles of incorporation;

1. Group B of corporate regulations;

1. Application of Acts and subordinate statutes (E);

1. Defendant A of the pertinent provision of the Act on the Adjustment of Labor Relations: A of the Trade Union and the Social Welfare Foundation B of Article 90 and Article 81 subparag. 4 of the Labor Relations Act (short-term election): Articles 94, 90, and 81 subparag. 4 of the Trade Union and Labor Relations Adjustment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. The provisional payment order (the Defendants).

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