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(영문) 광주지방법원 2011.12.21 2011노2547

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant’s collective refusal of the scheduled overtime work in collusion with E, etc. as stated in the facts charged constitutes the crime of interference with business. However, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion

2. Determination

A. The summary of the facts charged and the judgment of the court below 1) According to the Trade Union and Labor Relations Adjustment Act, which was amended on January 1, 2010, and enforced on July 1, 2010, the payment of wages to full-time union workers was prohibited, and the limit of the employer's exemption from working hours was newly established, and no industrial action may be conducted in order to demand and carry out the payment of wages to full-time union workers or the payment of wages in violation of the limit of working hours exemption. As such, as the Trade Union and Labor Relations Adjustment Act was amended, the National Metal Trade Union (hereinafter referred to as the "Guide branch").

As the number of full-time union workers is significantly reduced, it is impossible to maintain the number of union full-time workers before the enforcement of the amended Labor Union and Labor Relations Adjustment Act.

Nevertheless, on April 30, 2010, the Guide Branch sent a proposal of collective agreement in 2010, which mainly covers "maintenance of the full-time officer of the union, maintenance of the current status of full-time officer, employment and payment of wages for full-time employee required for union affairs, recognition of full-time employee's activities during union hours, equal number of labor and management, organization of the disciplinary committee, dismissal, reinstatement of workers, increase of basic salary 8%" to the victim Guide car, and demanded to discuss the problem of pre-time officer in the course of collective bargaining.

However, such a demand was not recognized as against the revised Labor Union and Labor Relations Adjustment Act.

Accordingly, the Aeronautical Motor Vehicle is the Aeronautical Chapter.