industrial action means an act that interferes with the normal operation of a business, such as strike, preparedness, lock-out, and other acts that the parties to labor relations intend to accomplish their claims, and that interfere with the normal operation of the business (Article 2 subparag. 6 of the Trade Union and Labor Relations Adjustment Act).

In order for an industrial action to be a justifiable act under the Criminal Act, the purpose of the industrial action is to create autonomous negotiations between labor and management to improve working conditions, and the legitimacy of the purpose should be recognized. On the other hand, if the industrial action has a variety of purposes pursuing the industrial action and some of them are not legitimate, the legitimacy of the purpose of the industrial action should be determined depending on whether the main purpose or genuine purpose is legitimate (see Supreme Court Decision 9Do4659 delivered on May 8, 200).

In full view of the adopted evidence, the court below acknowledged that the defendant, as the chairperson of the victim company's trade union, suspended the machinery operation of the victim company while holding an extraordinary general meeting of the trade union as the chairperson of the victim company's trade union, and occupied the principal mediation room with the labor union members, thereby obstructing the victim company's business by force, such as obsting the office employees of the victim company working therefor and taking advantage of their desire and booms, etc. Accordingly, the court below determined that the principal purpose of the defendant's act is not to improve working conditions, but to accomplish the argument regarding the distribution of profits from the sale of land assets, which are matters belonging to the management right of the victim company, and thus, it cannot be deemed a legitimate industrial action

Examining the reasoning of the lower judgment in light of the aforementioned legal principles and the evidence duly admitted by the lower court, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul

Justices Kim Yong-deok