[업무방해][공2001.8.15.(136),1785]
[1] Requirements for an industrial action to become a justifiable act under the Criminal Code and criteria for determining the legitimacy of the entire industrial action in a case where there are many purposes pursuing the industrial action, and some of them are not justified
[2] Where a trade union applied for mediation of a labor dispute to the Labor Relations Commission, whether the procedure for the industrial action is legitimate after the Labor Relations Commission decided to mediate the dispute (negative)
[1] In order for an industrial action to be a justifiable act under the Criminal Act, the purpose of the industrial action must be to form autonomous negotiations between labor and management for the maintenance and improvement of working conditions, and the procedure shall undergo mediation procedures by the Labor Relations Commission, except in extenuating circumstances. If there are many purposes pursuing the industrial action, and if some of them are not justifiable, the propriety of the purpose of the industrial action shall be determined by the legitimacy of the main purpose or the genuine purpose of the industrial action. Thus, the entire industrial action shall not be justified only if it is deemed that the industrial action would not have been conducted
[2] Where a trade union has applied for mediation of a labor dispute to the Labor Relations Commission, and the mediation period has expired without the termination of mediation procedures or without the termination of mediation, the trade union shall conduct the industrial action after the Labor Relations Commission decided to conduct the industrial action, and the procedure is not justifiable.
[1] Articles 1, 4, and 37 of the Labor Union and Labor Relations Adjustment Act, Article 20 of the Criminal Act / [2] Articles 4, 37, 45, and 54 of the Labor Union and Labor Relations Adjustment Act, Article 20 of the Criminal Act
[1] Supreme Court Decision 91Nu5204 delivered on January 21, 1992 (Gong1992, 927)
Defendant
Prosecutor
Attorney Kim Young-deok et al.
Cheongju District Court Decision 9No534 delivered on June 9, 2000
The appeal is dismissed.
In order for an industrial action to be a political party under the Criminal Act, the purpose of the industrial action must be to conduct autonomous negotiations between labor and management for the maintenance and improvement of working conditions, and the procedure shall undergo mediation procedures by the Labor Relations Commission, except in extenuating circumstances. If there are various purposes pursuing the industrial action and some of them are not justifiable, the propriety of the purpose of the industrial action shall be determined by the legitimacy of the main purpose or the genuine purpose of the industrial action. Thus, if it is recognized that the industrial action would not have been conducted if it would not have been conducted if it would not have been conducted for the reason of unfair requirements, the entire industrial action is not justifiable (see Supreme Court Decision 91Nu5204 delivered on January 21, 192). Meanwhile, if a labor union applied for mediation to the Labor Relations Commission for a labor dispute and the mediation period expires without completing mediation procedures or the mediation period expires, the procedure of the industrial action shall not be justifiable.
In this case, the purpose of the industrial action is to conclude a joint organization agreement with the contents of "the wage increase rate of 6.6% to 9.0% for the preceding year", "the labor union with the public notice of adjustment", "the job creation through the reduction of working hours, the job allocation of certain funds as part of the unemployment measures," etc., and "the labor-management division of a certain fund", "the labor-management division of the personnel disciplinary committee", "the labor-management partnership of the personnel disciplinary committee, the labor-management operation guarantee, the industrial safety device and the welfare system", and to the same purport, the decision of the court below that the industrial action in this case is justified for its purpose, since the industrial action in this case was conducted after the adjustment procedure of the Labor Relations Commission, and it is also justifiable for the court below's decision that the industrial action in this case was conducted after the adjustment procedure of the Labor Relations Commission, and there is no error in the misapprehension of legal principles as argued in the
In addition, as long as the above judgment by the court below is just, the legitimacy of the judgment on the legitimacy of the procedure of the industrial action of this case is not affected by the judgment, and therefore, this part of the ground of appeal cannot be accepted.
Therefore, the appeal is dismissed as per Disposition.
Justices Zwon (Presiding Justice)