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(영문) 대법원 2011.11.10 2009도3566

일반교통방해 등

Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

1. Judgment on the grounds of appeal

A. As to the ground of appeal No. 1, the so-called "simultaneous simultaneous strike business" focuses on the time when collective bargaining and industrial action are conducted, and if a unit workplace trade union is involved in industrial action because collective bargaining has not been completed smoothly, it aims to attract social interest in the strike by entering the time set by the labor union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union's union'

(2) A worker's industrial action should be conducted to create autonomous negotiations between labor and management to improve working conditions in order to have the legitimacy of the purpose of the industrial action (see, e.g., Supreme Court Decision 2002Do4090, Nov. 13, 2002). On the other hand, the requirements to be achieved by the industrial action should be subject to collective bargaining (see, e.g., Supreme Court Decision 94Da4042, Sept. 30, 1994). In a case where the industrial action has various purposes pursuing the industrial action and some of them are not justifiable, the propriety of the purpose of the industrial action should be determined by the legitimacy of the main or genuine purpose. In a case where it is deemed that the industrial action did not have been conducted if it did not meet the unfair requirement, the entire industrial action has no legitimacy.

(see, e.g., Supreme Court Decision 2001Do3380, Dec. 26, 2003). The lower court, based on its employed evidence, held on July 2, 2008 that was conducted by a unit workplace trade union (hereinafter “G trade union”) in accordance with the guidelines of the G trade union (hereinafter “G trade union”), for the total wave industry on July 2, 2008, refers to “the full invalidation of Mad Cow Disease beef, the opposition to the Korean Peninsula canal, water, electricity, etc.”