노동조합및노동관계조정법위반
Defendants are not guilty.
1. The summary of the facts charged is the employees of L, a stock company located in Busan Jin-gu, Busan, who are engaged in the operation of boarding bridge at the Incheon Jung-gu port of supply.
Industrial actions shall not be conducted to suspend, discontinue, or obstruct the legitimate maintenance and operation of essential business.
Nevertheless, on December 7, 2013, the Defendants left the workplace to participate in the strike as indicated in the following crime list and interfere with the legitimate maintenance and operation of the essential business.
Defendant List of Crimes: 2 hours between December 7, 2013 and December 7, 2013, 18: 18:00 to December 7, 2013, 2013; 2 hours between December 7, 2013 and B around December 07: 07:0 around 07:00 around December 7, 2013 and 07: 07:0 around December 7, 2013: 0: 2 hours between 07:0 and 07:0 on December 7, 2013, 207: 0: 30 hours between 0:30 and 30 minutes E on December 7, 2013: 0: 0 hours around December 7, 2013, 2013: 0 hours around December 7, 2017: 1: 1:30 hours around December 7, 2013 to December 18, 2013:
2. Determination
A. In light of the fact that the legislative purpose of Article 42(2) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union and Labor Relations Adjustment Act”) is “safety protection of human life and body” and Article 42(2) of the Labor Union and Labor Relations Adjustment Act is an element of a crime, the Supreme Court held that even if the act constitutes a safety protection facility and constitutes an act of suspending, discontinuing, or impeding the maintenance and operation of the safety protection facility, if any danger to human life and body does not occur due to taking necessary safety measures in advance, it shall not be deemed a violation of Article 91 subparag. 1 and Article 42(2) of the Labor Union and Labor Relations Adjustment Act (see Supreme Court Decision 2002Do3450, May 12, 2006).