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(영문) 대전지방법원 2014.10.23 2013노848

업무방해등

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) 201 high-ranking765 criminal facts 3-A.

With respect to the obstruction of the business of the Asan Factory (hereinafter “Asan Factory”) of the Victim G Co., Ltd. (hereinafter “Asan Factory”) from March 25, 201 to May 18, 2011 (hereinafter “CK branch”) related to the port related (Defendant A, C), Defendant A, and C’s act of industrial action by the members of the CK branch of the Korea Metal Trade Union (hereinafter “CK branch”) at the time of this time did not reach an agreement with the employer’s freedom to continue the business at the time when the employer could not have been predicted as a refusal to provide passive labor, and it is obvious that the employer’s free will to continue the business was not an tension. As such, the crime of interference with business was not established by force, and ② the number of “the number of refusal of work” and “hour” as indicated in Table 1 of the crime committed in the judgment of the court below is inconsistent with the evidence and the witness’s statement, and ③ the fact that the Defendants and C’s functionally control of the crime at issue was not established.

(2) In light of the overall circumstances, the instant lock-out constitutes an aggressive lock-out, not a passive and defensive lock-out, and is unlawful. As such, the instant lock-out does not constitute a crime of interference with business around May 18, 201, which is premised on the legitimacy of the lock-out. (2) In relation to Defendant A and C’s interference with business around May 18, 201, joint ownership of a structure, and the fact of joint injury and joint assault, Defendant A and C do not have a functional control over the co-principal (hereinafter “public offering”).