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(영문) 대법원 2014.08.20 2011도17422

업무방해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal

A. The crime of interference with business in relation to the obstruction of business by Defendant A, B, C, D, and E in relation to each strike related to the Press Relations Act and the part on the obstruction of business in relation to each strike due to Defendant E and J’s own strike constitutes a case where a person interferes with business by deceptive means or by force.

(Article 314(1) of the Criminal Act). The term "power of force" means all the forces capable of suppressing and mixing a free will of a person.

The strike as an industrial action that obstructs the normal operation of business by refusing to provide labor for the purpose of accomplishing the claim is a practical exercise that prevents the employee from providing labor under a labor contract, and thus collectively suspends the employee's assertion by imposing pressure on the employer. Thus, the elements constituting force as referred to in the crime of interference with business include the elements of force as referred to in the crime of interference with business.

However, under Article 37(2) of the Constitution, workers may be limited on the grounds of public interest, such as national security, maintenance of order, and public welfare, and the exercise of their rights should be justified, and is not absolute rights. However, in principle, workers have the right to independent association, collective bargaining, and collective action to improve working conditions as fundamental rights guaranteed by the Constitution.

(Article 33(1) of the Constitution provides that a strike as an industrial action does not always constitute the crime of interference with business, and only if it can be evaluated that the employer’s free will to continue to engage in business may be a suppression confusion because the strike takes place at a time unpredictable by the employer in light of the situation and circumstances before and after, and circumstances, etc., causes serious confusion or enormous damage to the employer’s business operation, etc., the refusal to provide collective labor constitutes a force and constitutes the crime of interference with business.