|▲ Union members' rally of Yoosung Enterrpise, blaming the company for the deaths of their colleagues. [archive photo by Jeong Ki-hoon/The Labor Today]|
The prosecution indicted Yoosung Enterprise Chairman Yoo Shi-young and another executive. The indictment is based on the case that Yoosung Enterprise reinstated dismissed union leaders and fired them again for which the prosecution believes breached the Trade Union and Labor Relations Adjustment Act.
According to the information by the labor circle on October 3, Cheonan Branch of the Daejeon District Prosecutors' Office on October 1 indicted Yoo Shi-young, chairman of Yoosung Enterprise(YPR) and another executive without detention for the allegation of committing unfair labor practices following their control and intervention in the activities of the labor union. Yoosung Enterprise and its labor union started a special collective bargaining to introduce two consecutive day-work shifts per day from January up until May 2011. When the company had rejected the two consecutive day-work shifts system, the labor union went on a strike from May that year and staged a sit-in inside a plant in Asan, South Chungcheong Province. Yoosung Enterprise dismissed 27 union leaders and union members for the reasons of strikes and union's occupation of the Asan plant in October that year.
When the first trial court made a ruling that the case is unfair labor practice, Yoosung Enterprise had reinstated all of 27 dismissed workers in June 2013. However, 4 months later, Yoosung Enterprise dismissed 11 workers again, most of them were union leaders, for the reason that they led the industrial action during the wage negotiations in 2011. The dismissal is not in accordance with the collective agreement which was reached between the management and the labor union, regulating that "no personnel measures such as disciplinary actions and transfers will be taken during the period of an industrial action."
The prosecution said that "The defendants had violated the provisions of the collective agreement regarding the reasons and procedures of disciplinary actions and dismissals, as they conspired for the dismissal of 11 workers as disciplinary actions, and what they knew that the dismissed workers were leading the activities of the labor union corresponds to their control and intervention in the union operation." The indictment on the case by the prosecution was made only 20 days before the statue of limitations expires.
The case of unfair labor practices will be combined with another case of unpaid wages that Cheonan Branch of the Daejeon District Court is currently trying, which the labor union made a lawsuit case against Yoosung Enterprise which, the labor union claims, did not pay the workers the annual allowances amounting to 370 million won(US$ 330,000). The prosecution requested the court to delay the ruling on the case of the unfair labor practice for an additional indictment of unpaid wages against Yoosung Enterprise.
In the meanwhile, as regards the dismissal case of 11 workers, the Supreme Court will make a verdict on October 4. The first trial court decided the dismissals were justified, but the second trial court ruled the dismissals were invalid.
reported by Yang Ou-ram
translated by Kim Sung-jin
번역 김성진 email@example.com
<저작권자 © 매일노동뉴스, 무단 전재 및 재배포 금지>