Daejeon Peong-dong 52 - 11

Representative Director Park Jong-young

Attorney Doh-won, Counsel for the plaintiff-appellant-appellant

Daejeon: Not more than Daejeon

2. Doi (0000 - 000000)

Daejeon: Not more than Daejeon

3. △△△△△.

Daejeon: Not more than Daejeon

4. (00000 - 00000)

Daejeon: Not more than Daejeon

5 . ◎ ◎ ( 000000 - 0000000 )

Daejeon: Not more than Daejeon

6. A national public transportation labor union (or quasi-national public research labor union).

Daejeon Pungsung-dong 216 - 2 5 floors of 2 community credit cooperatives

Chairperson of the representative is the xxxx▽▽▽.

Attorney Kang Shin-chul et al., Counsel for the defendant

2. The enforcement officer shall publicly notify the purport of the order under paragraph (1) in an appropriate manner.

3. In a case where the order under paragraph (1) is violated, the creditor, the debtor's democratic labor union, and the national public research labor union (quasi) will pay 200,000 won per day of the violation, and 200,000 won per day of the violation, the debtor's ○○, ○○, △△△, △△, Mackn, and Macknum, respectively.

4. The remainder of the creditor's claims are dismissed.

5. 2/5 of the costs of lawsuit shall be borne by the obligee, and the remainder by the obligor, respectively.

Comprehensively taking account of the overall purport of records and examinations, the following facts are substantiated.

A. The creditor is a specialized research institute in the field of national science and technology and information, and the debtor's OO et al. entered into an employment contract with the company's solar unemployment (hereinafter referred to as the "Taun unemployment") and is a person who has been engaged in the creditor's facility management business, and is a member of the division of the Korea Institute of Science and Technology Information in the debtor's trade union.

B. On January 25, 2010, a creditor entered into a facility management contract with the time of the expiration of the contract period from February 1, 2010 to January 31, 201. On January 6, 2011, a creditor entered into a facility management contract with the company’s age Cambodia (hereinafter “Age Cambodia”) with the terms of the contract period from February 1, 201 to January 31, 201. Under the management contract with the company’s age from February 31, 2011, she re-employed only part of workers engaged in the business of creditors under the management of solar unemployment, excluding the debtor’s ○○, among workers engaged in the business of creditors.

C. Accordingly, the obligor’s failure to succeed as it was due to the obligor’s demand that ○○○○, etc. withdraw from the obligor’s labor union and did not comply with such demand, and the obligee exercised pressure on the facility management entity as the obligor did not comply with such demand. Therefore, the obligee asserted to the purport that the obligee would dismiss ○○, etc., and that the obligee would change his/her restoration to the obligor’s right, and thus, the obligee would have set up a tent at the front end of the building listed in the [Attachment 3] list owned by the obligee, and attach a tent to the above purport, and put up a ticket and put up a demonstration, and put up a banner around the above building and distributed printed materials.

2. Determination

A. According to the above facts, the debtor ○○ et al. is merely a worker of solar unemployment who entered into a facility management contract with the creditor, and is not an obligee, and since the present contract for facility management between the creditor and the solar unemployment has been terminated, there is no legal basis to claim against the creditor that his high-level succession is unfair.

Nevertheless, as seen earlier, the obligor asserts that the obligee was dismissed from the obligor’s OO, etc., and as seen earlier, it constitutes an act of infringing on the obligee’s honorary right, personality right, or right to manage facilities beyond the freedom of permitted assembly, demonstration, or expression, and it cannot be ruled out that the obligee may continue the demonstration, etc. in light of the obligee’s process and content of the demonstration. Thus, the obligee has the right to be preserved to seek prohibition against the obligor’s act of demonstration, etc., such as the obligor’s attached list No. 1 as stated in the above order based on the above right, and if the obligor’s aforementioned act continues, it is considered that the obligee would have suffered irrecoverable damage, and thus, it is necessary to preserve the obligor.

B. Furthermore, the obligee’s act against the obligor’s trade union (i) entering the land and building in the separate sheet No. 3, owned by the obligee, without permission, only with respect to the obligor’s trade union-related workers, such as the obligor’s ○○○, etc., and (ii) the obligor’s ○○○, etc.

The act of using the name of misunderstanding that there is a direct labor contract relationship between the creditor and the above debtor, such as the head of the drinking Information Center, the KI chapter, and the KI chapter, and the third, the act of misunderstanding the debtor as if there is a direct labor contract relationship is sought against the debtor as set forth in the attached Table 3 and 4.

① According to the records, the obligor trade union is recognized as having the right to have access to the office of the trade union in a building listed in the separate sheet No. 3 in accordance with the organization agreement concluded with the obligee. Thus, this part of the application is to restrict the obligor trade union's legitimate freedom of trade union's activities. Considering that illegal entry against the obligee's will is guaranteed by the crime of intrusion upon residence under the Criminal Act, this part of the application cannot be allowed to be excessively limited to the obligor trade union's rights in accordance with unclear standards.

(2) According to the records, the debtor trade union established a branch of the Korea Science and Technology Information Institute and a branch of the Korea Science and Technology Information Institute and a regular employee belonging to the creditor as part of its subordinate organization, and belongs to the division of the debtor ○○○, etc., who is a non-regular employee of the company in charge of facility management according to the contract with the creditor for the management of the facilities. Accordingly, it can be revealed that the debtor ○○, etc. is using the name of the division of the Korea Science and Technology Information Institute and the Korea Institute of Science and Technology Information and Technology Information and the KI division. Thus, it should not be allowed for the creditor ○○, etc. to not use the name of the debtor ○○, etc., and the Korea Institute of Science and Technology Information Institute and the KI

③ As to the part, the prohibition under Paragraph (2) of [Attachment 1] as cited by this Court shall be deemed to sufficiently achieve the creditor’s purpose of the above part’s application. In the case of the above part’s application, the prohibition under Paragraph (3) of [Attachment 2] shall not be permitted, regardless of whether or not the act prohibited under Paragraph (4) of [Attachment 2] is specifically related to the contents of son’s request, and regardless of the specific method of expression under Paragraph (4) of [Attachment 2]’s attached Table 3’s ownership, any demonstration and expression are prohibited within 200 meters around the land owned by the creditor. This is deemed to excessively restrict the creditor’s freedom of demonstration and

C. In order to secure the effectiveness of the provisional disposition of this case, an execution officer's disclosure and indirect compulsory performance shall be ordered together, but the amount of indirect compulsory performance shall be set at KRW 2 million for the debtor trade union per day of the violation, and KRW 200,000 for the debtor trade union, and KRW 20,000 for the debtor's ○○○○, etc., taking into account all the circumstances

4. Conclusion

Therefore, the application of this case is accepted within the scope of the above recognition, and the remaining applications are dismissed as they are without merit.

Judges Cho Sang-hoon

Judge Hong Ro-man

1. The creditor's action is against the creditor's will, ○○○, Magna, △△△, Magnum;

entry into the land and building listed in the Schedule 3 attached hereto;

2. Paragraph (2) within 200 meters around the building specified in attached Table 3 List 3 owned by the debtor and Paragraph (1).

In the land stated, a tent, etc. shall be installed to do so, or the following expressions shall be bannerd and substituted:

(b) be posted on the poster, put in the poster, put in and distributed in the printed material, or put in or distributed to banners and diskettes.

by posting or using artificial sound-explosion devices or by using artificial sound-exploitation devices;

creative acts

- The debtor's OO, Magna, △△, Magna, Magnop and knife, which was an employee of the solar unemployment;

such person’s reinstatement or re-employment to such creditor or creditor’s representative;

such expressions as the obligee and the above people have a direct employment relationship;

Apparent expressions, creditors, and representatives of creditors that could be mistaken as if there were the same employment relationship;

A. The debtor ○○○, Magna, △△, Magna, Magnick cannot be re-employed to Cambodia.

such expressions as would have exercised influence.