업무방해
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the Defendants.
1. Summary of grounds for appeal;
A. With respect to the obstruction of business listed in the [Attachment 3-8] Nos. 3-8 of the crime list among the facts charged in the instant case (hereinafter “the act of producing the national flag of this case”), the act of refusing to work by the union members was committed at a time when the victim L Co., Ltd. (hereinafter “L”) was unable to predict, causing serious confusion in the business operation of L, and when adding up the hours of refusing to work by union members participating in the strike, it cannot be said that the damage to the victim is less than 30 hours, and thus, the crime of interference with business is established, and the judgment of not guilty of this part of the facts charged is erroneous in the misapprehension of legal principles as to the force of interference with business.
B. Defendant A, B, C, D, E, F, G1) and the Defendants’ assertion of misunderstanding of facts or misapprehension of legal principles, the Defendants’ obstruction of business as indicated in [Attachment] Nos. 1 and 2 of the List of Offenses Nos. 1 and 2 (hereinafter “instant collective expulsion”).
) Interference with the work described in Articles 9 through 18 (hereinafter referred to as “instant refusal of special succession to the remaining industry”).
In relation to the instant Young-dong Factory, the Korean Metal Trade Union L-dong Branch (L-dong Factory Workers) (hereinafter referred to as the “Y-dong Branch”) is referred to as the “Y-dong Branch.”
(2) The lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine on the force of the crime of interference with business, or by misapprehending the legal doctrine on the force of the crime of interference with business, although an industrial action by its members did not constitute the force of the crime of interference with business, as a passive refusal of providing labor, at an unforeseeable time. 2) The lower court’s punishment (each of the above Defendants: 1.5 million won) is too unreasonable.
2. Determination
A. Of the facts charged in the instant case, the summary of the Prosecutor’s argument that interferes with the duties listed in the [Attachment Nos. 3 through 8] with respect to the Defendants.