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(영문) 대법원 2017.10.26 2017도10370

노동조합및노동관계조정법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds for appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that the Defendant was guilty of violating the Trade Union Act and Labor Relations Adjustment Act due to unfair labor practices committed against G among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free

2. Examining the reasoning of the judgment below in light of the records, it is just to reverse the judgment of the court of first instance which convicted the prosecutor of the facts charged in the instant case on the grounds that there is no proof of crime as to all the violation of the Trade Union and Labor Relations Adjustment Act except for the portion relating to unfair labor practices against G among the facts charged in the instant case, and to find the Defendant not guilty. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.