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(영문) 창원지방법원밀양지원 2020.07.14 2019가단14129
손해배상(기)
Text

1. The Defendant’s KRW 4,00,000 and its related amount are 5% per annum from June 11, 2019 to July 14, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company-level trade union under the Korea Trade Union, comprised of employees working for the Defendant Company.

B. Representative E of the Defendant Company accused the Defendant Company that “from December 21, 2017 to December 22, 2017, Nonparty Union, a unit trade union consisting of the Defendant Company employees, paid KRW 3,600,000 as the trade union development fund I (labor-management support), and thereafter, paid KRW 1,000,000 under the name of trade union development fund II on May 18, 2018, thereby assisting the operating expenses of the trade union, and was subject to suspension of indictment from the prosecutor of the Changwon District Prosecutors’ Office (Seoul District Prosecutors’ Office) on April 30, 2019.”

C. Defendant Company: (a) around May 2018, and until June 2019, the same shall apply to Nonparty Trade Union.

The development fund was paid as described in the paragraph. D.

Meanwhile, around August 13, 2019, F of the Plaintiff’s member submitted a written withdrawal to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The main point of the Plaintiff’s assertion is that the Defendant Company paid the development fund only to Nonparty Trade Union and Labor Relations that agreed to the increase of taxi commission without excluding the Plaintiff who indicated the Dissenting Opinion on the increase of taxi commission constitutes an unfair labor practice and constitutes a tort against the Plaintiff.

Therefore, according to the principle of equity, the Defendant Company is obligated to pay the Plaintiff KRW 21,60,000 (=3,600,000 (18 months x 18 months from May 18, 2018 to October 2019) plus KRW 5,00,000 as consolation money, which is the aggregate of the amounts paid to the Plaintiff for the non-party union under the principle of equity. In order to prevent the Defendant Company’s tort, the Defendant Company is obligated to pay the amount equivalent to the operating expenses paid to the non-party union from the day following the day when the judgment became final to the day when the Defendant Company is liquidated.

B. The amount equivalent to the operating expenses paid to the non-party union and the amount equivalent to the operating expenses to be paid to the non-party union.

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