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(영문) 서울남부지방법원 2014.10.24 2012고정1802

집회및시위에관한법률위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant, as a bus maintenance engineer, is a member of the Korea bus trade union, Seoul Metropolitan Government bus trade union.

The Hanjin Heavy Industries Co., Ltd. (hereinafter referred to as "Kjin Heavy Industries") or the Hanjin Heavy Industries Co., Ltd. (hereinafter referred to as "Kjin Heavy Industries") employs 1,378 employees (as of November 10, 201, and as of November 10, 201, including 94 employees for layoff, 808 employees) to engage in ship manufacturing business, and manufactures special vessels such as naval vessels and guard boats, and is designated as Korean major defense industry from May 6, 1974.

The Hanjin Heavy Industries, starting from the second half of 2008, continued to reduce human resources for business reasons, reported the plan to adjust human resources for business reasons to the Korea Labor Agency on December 15, 2010, notified it to the Korea Metal Labor Union's Han Heavy Industries Association (hereinafter "Labor Union"), notified workers of the pre-announcement of dismissal on January 13, 201, and dismissed 170 workers on February 14, 201.

Accordingly, from June 9, 2010 to December 17, 2010 of the same year, labor union members had repeated the full-scale strike. From December 20, 2010 to December 20, 2010, labor union members asserted "recept dismissal and withdrawal" and joined a indefinite full-scale strike. From December 28, 2010 to December 28, 2010, labor union members E-F began to grow from January 6, 201. Labor union members of the National Democratic Labor Union Federation of Workers' Unions (hereinafter "Public Labor Union Federation") began to grow, and labor union members began to move out on January 20, 201.

On June 27, 2011, the Gu and February 14, 2011 continued to comply with the lock-out measures, and continue to hold in the atmosphere and in the inside and outside of the company, and decided to withdraw the full strike and return to work upon agreement between the company and the Trade Union and Labor Relations G. However, on the contrary, five persons, such as the above E, who asserted the withdrawal of layoff, continue to be deaf while occupying the Youngdo ShipbuildingF, the dismissed persons continue to hold an opposing assembly every day before the Youngdo Shipbuilding, and the labor-management dispute is in accordance with the labor-management agreement on November 10, 201.