A. Fact-misunderstanding and legal principles require M to improve the working conditions in front of the headquarters stairs of G is not an assembly subject to report because it constitutes a press dog that expresses a minimum position without actively interfering with the work at the relevant workplace during the period of dispute action, but it constitutes a justifiable act that exercises the right to act during the lawful period of dispute and does not violate the legitimate dispute or social rules.

Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and legal principles 1) An assembly subject to guarantee and regulation pursuant to the Assembly and Demonstration Act refers to an assembly that is the object of guarantee and regulation under the Act on Assembly and Demonstration, including “temporary gathering of a specific or unspecified number of people for the purpose of externally expressing their opinions by forming a common opinion.” In addition, an assembly at a place without ceiling or an erosion control is likely to damage public safety and order depending on its location, size, form and number of participants, purpose, character and method of assembly, etc., even if it is not a place where the general public may freely pass, and even if it is not a place where it is not a ceiling or an erosion control is not closed, it is included in an assembly subject to guarantee and regulation under the Assembly and Demonstration Act.

However, considering the fundamental ideology that the Constitution guarantees the freedom of assembly, the contents and legislative intent of Article 2 subparag. 1, Article 6 subparag. 1, and Article 22 subparag. 2 of the Assembly and Demonstration Act, in light of the purpose, method and form of assembly, the number and composition of participants, the opening and accessibility of the place of assembly, and the surrounding environment.