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(영문) 대구지방법원 2015.01.16 2012노4100

업무방해

Text

The judgment below

Of the parts concerning Defendant B, D, G, and H and the part not guilty against Defendant A, E, and F, from November 5, 2009 to November 2009.

Reasons

1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) is clear that the actual purpose of the act was to prevent the advancement of a public corporation, such as the opposition to the reduction of 5,115 personnel, the reinstatement of dismissed persons, the implementation of the appeal, the complaint, accusation, withdrawal of disciplinary action, etc. Thus, the purpose of the act of dispute mediation is not legitimate, and procedural illegality exists without undergoing the procedure such as pro- and pro-con voting necessary for the act of dispute mediation, and each of the instant acts of dispute in this case constitutes force on the part of the employer, since the act of dispute in this case was conducted in a situation unforeseeable by the employer

Nevertheless, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. Of the facts charged in the instant case, the lower court determined that the obstruction of business on September 8, 2009 and obstruction of business on September 16, 2009 (with respect to Defendant A, C, E, and F), (i) the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., (i) the term of validity of a collective agreement concluded on April 1, 2006 between the Railroad Corporation and the Railroad Labor Union was expired as of March 31, 2008, and the Labor Relations Commission concluded collective bargaining agreements from July 29, 2008 to October 17, 2008 for the purpose of renewal of the collective agreement and the conclusion of the wage agreement, but did not reach the agreement on October 29, 2008, but did not reach the agreement on December 208, 2008, and agreed upon the agreement on the labor dispute action between the union members and the Railroad labor union members on October 31, 2008.