업무방해
The judgment of the court below is reversed.
Defendant
A and B shall be punished by a fine of KRW 2,000,000.
Defendant
A and B shall be subject to the above fines.
1. The gist of the grounds for appeal is that the instant strike was mainly conducted with the intention of preventing the government from creating a high-level managerial decision by the managing body, that is, the government’s measures to advance public enterprises, and its purpose is not justifiable, and thus does not constitute justifiable acts as provided in Article 4 of the Trade Union and Labor Relations Adjustment Act and Article 20
On the other hand, the court below acquitted the defendant on the ground that the main purpose of the strike of this case is to improve working conditions and thus constitutes a justifiable act, which erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting
2. According to the evidence duly admitted and examined by the court below, the following facts are acknowledged as to the process of the instant strike, etc.
A. The status of the parties and the plan for the advancement of public enterprises (i.e., Defendant A is N of the N branch of the National Public Service Trade Union M of the Democratic Labor Union under the Democratic Labor Union, Defendant B is O, Defendant C is P, and the rest of the Defendants are the Director-General.
(hereinafter referred to as “M” and “M branch” of the National Public Service Workers’ Union). M is a corporation AK established with the aim of promoting the convenience of people’s lives and contributing to the improvement of public welfare by laying the foundation for the safe and long-term supply of gas.
On November 12, 1999, the Dolled Government promoted a plan for the structural restructuring of the gas industry to secure the competitiveness of the gas industry, and announced the "Plan for the Structural Restructuring of the gas industry" accordingly. On September 24, 2001, the National Gas Industry Restructuring Promotion Act was enacted in advance.
M Branches oppose the above privatization plan on the grounds that such privatization plan resulted in an unemployment proposal accompanied by a reduction of human resources, and the National Assembly of Labor Union, such as the Korea Development Industry Union, the Korea Railroad Union, etc. around October 2001.