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(영문) 울산지방법원 2016.08.26 2016노594

집회및시위에관한법률위반등

Text

Defendant

A, B, C, D, E, H, K, L, M, P, R, X, Y, Z, AA, AB, AC, AD, AD, and prosecutor's appeal.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A, B, C, D, and E’s legal principles, each of the above assemblies held by Defendant A (Defendant A) was punished in the course of trade union activities, and does not constitute an assembly subject to reporting, and even if each of the above assemblies constitutes the elements for organizing a non-reported assembly, there is no possibility of lawful act as well as a justifiable act under Article 4 of the Trade Union and Labor Relations Adjustment Act, even if it is obvious that it will be rejected even if it is reported.

2) With respect to 2016 Highest 2589Nos. 1 and 2 (Defendant B, C, D, and E), acts in the table of crime (1), Nos. 1, 5, 7, 8, 9, 10, 11, 12, 14, 15, 16, 20, 24, 29, and 48 labor summary and relief, use of loudspeaker, etc., and acts in the table of crime Nos. 17, 18, 19, 22, 23, 27, 34, 35, and 46 of the daily list of crimes as indicated in the holding of the court below constitute legitimate dispute, and all acts in the table of crime No. 17, 19, 19, 22, 23, 24, 35, and 46 constitute an act of dispute at the workplace and acts accompanying the removal of each part of the above list of crimes constitute legitimate 17.

In addition, the defendants, while engaging in a legitimate dispute as above, occupy part of the street expenses for the first floor of the main hall of the NN University and jointly. Therefore, the defendants, who had a legitimate authority to possess the above street expenses at the time, did not comply with the demand of the school to leave the site.

3) As to Article 2589 subparag. 6 of the High Order 2016 (Defendant B and A), each of the above assemblies held as part of the act of dispute, and thus does not constitute an assembly subject to reporting. Even if each of the above assemblies constitutes the elements for organizing a non-reported assembly, it is obvious that it should be returned even if it is reported, as well as the justifiable act under Article 4 of the Trade Union and Labor Relations Adjustment Act.