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(영문) 대법원 2020.07.29 2017도2478

폭력행위등처벌에관한법률위반(공동주거침입)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. A trade union’s union’s activities are based on the workers’ freedom of association or the three labor rights (hereinafter “Trade Union Act”) and shall be exempt from civil or criminal liability for lawful activities to achieve the purpose prescribed in Article 1 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”). If a trade union’s activities are justifiable, it should be deemed that the activities of the trade union can be seen as activities of the trade union, or implied authorization or approval from the trade union in light of the nature of the first party’s activities, and that the activities of the trade union may be deemed as activities of the trade union, or that the trade union has obtained implied authorization or approval from the trade union. Second, in order to maintain and improve the working conditions and improve the workers’ economic status in terms of the second purpose, they shall be necessary and helpful to strengthen the unity of workers, except as otherwise permitted by the rules of employment or collective agreement in terms of time, or with the employer’s consent. Fourth, in terms of the means and methods, a trade union’s activities should be conducted outside working hours

(1) In order to determine whether a union activity and a user’s right to command labor, a right to manage labor, etc. conflict with each other, the requirements for the timing, method, etc. among the requirements are to be determined on the basis of legitimacy. As such, whether a union activity and the user’s right to command labor, etc. conflict with each other is to be determined on the basis of the standard of legitimacy. Thus, the determination of whether a union activity satisfies the above requirements shall be made by objectively comparing and balancing the conflicting values by taking into account the necessity and urgency of the union activity, the details and specific mode of the individual activity conducted through union activity, the violation of the user’s right