A. As to the part not guilty in the lower judgment, the “act of dispute” under the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Relations Adjustment Act”) shall be deemed to include the act of carrying out the assertion corresponding to the “rights dispute”.

Nevertheless, the act of promoting the assertion corresponding to the "rights dispute" does not constitute "act of dispute" under the Trade Union and Labor Relations Adjustment Act.

In light of the above, the court below acquitted the charged facts of violation of the Trade Union and Labor Relations Adjustment Act.

B. The punishment sentenced by the court below to the defendants (the fine of KRW 500,000,000,000,000,000,000,000,000,000,000,000 won

2. Determination

A. The lower court’s determination on the assertion of misapprehension of the legal doctrine does not constitute “act of dispute” as prescribed by the Trade Union and Labor Relations Adjustment Act, on the grounds stated in its reasoning, since the Defendants’ act was aimed at accomplishing the assertion corresponding to “rights dispute” under the Trade Union and Labor Relations Adjustment Act, and thus does not constitute an act of dispute as prescribed by the Trade Union and Labor Relations Adjustment Act.

On the other hand, it was found not guilty of this part of the facts charged that the union member did the act of dispute without going through the vote procedure.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is correct, and there is no error by misapprehending the legal principles as pointed out by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

B. An unfavorable circumstance is that Defendant A and C had a record of being punished for the same kind of crime, etc. to determine the unfair argument of sentencing.

On the other hand, there are circumstances that the Defendants properly acknowledged their mistake and reflect, the Defendants could take into account the circumstances leading to the instant crime, and the Defendants did not seem to have suffered significant damage due to the instant crime.