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(영문) 대전지방법원 홍성지원 2015.01.08 2014고합107

집회및시위에관한법률위반등

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the head of the Democratic Labor-Management EM Ha, and the defendant B is the head of the F subdivision of the above branch.

From September 2013, the above branch held an assembly for "the prohibition of labor pressure and the reinstatement of dismissed workers" before the construction site from around September 5, 2014, when G, who had been in charge of storage tank construction among the aforementioned new construction works, refuses to extend the work period to 11 members of the said branch, who were fixed-term workers, from around September 5, 2014.

1. Defendant A

(a) A person who intends to hold an outdoor assembly or demonstration in violation of the Assembly and Demonstration Act due to a non-reported assembly shall submit a report to the chief of the competent police station from 720 hours to 48 hours before commencing the relevant outdoor assembly or demonstration;

(1) On May 13, 2014, from around 05:50 to around 07:10 on the same day, the Defendant, without submitting a report to the chief of the competent police station from around 05:50 on May 13, 2014, held an outdoor assembly by distributing to the employees who work in the construction site the “shotde of unfair labor practices by the Specialized Construction Council within the construction site,” such as five members, in front of the work site at the construction site of the said new-

(2) From around 05:50 on August 12, 2014 to 07:10 on the same day, the Defendant, without submitting a report to the chief of the competent police station from around 05:50 on the same day, held an outdoor assembly with respect to workers who work in a democratic labor group and government negotiation progress, demand to join the labor union, etc. against the employees who work in the above place as five union members.

(3) On September 11, 2014, the Defendant did not submit a report to the chief of the competent police station from around 05:50 on the same day to around 07:10 on the same day, and did not submit the report to the chief of the competent police station from around 05:50, and at the same place, requested workers who work in the workplace while sending a combined-lane labor for broadcasting as five members.