폭력행위등처벌에관한법률위반(공동상해)등
All prosecutor’s appeals against Defendants and Defendant C are dismissed.
1. Summary of grounds for appeal;
A. Defendants (1) misunderstanding of facts and misunderstanding of legal principles are the legitimate trade union’s activities to post a banner to the effect that the Defendants opposed to the management and maintenance of light vessels in Qnife Qnife room and distribute the leaflets to users. Thus, the necessity of eviction Qnife, Qnife
The act of refusing the Gu and assaulting and injuring in the course of the R and fighting shall be deemed a justifiable act.
(2) The lower court’s each sentence on the Defendants is too unreasonable and unreasonable.
B. Public prosecutor: Defendant C (1) misunderstanding of facts and misunderstanding of legal principles: Although the part of innocence is surrounded by a wall, it is considerably wide space and Qucom rooms allowing outside people to enter, in order to hold an assembly, it is reported to the chief of the competent police station, and the judgment of the court below which judged that it is not outdoor is erroneous in misunderstanding of facts and misunderstanding of legal principles.
(2) The lower court’s sentence of unreasonable sentencing is too unjustifiable and unreasonable.
2. Determination
A. (1) misunderstanding of facts and misunderstanding of legal principles (A) Article 2 subparag. 6 of the Trade Union and Labor Relations Adjustment Act defines the acts conducted by the parties to industrial actions, such as strike, burning, lock-out, and other activities to accomplish their claims, as impeding the normal operation of the business. In order to become a legitimate act under the Criminal Act, an industrial action by workers shall be the first person eligible to become the subject of collective bargaining, and the second purpose must be to create autonomous negotiations between labor and management for the improvement of working conditions. Third, the employer shall commence collective bargaining upon the refusal of specific demands for the improvement of working conditions of workers, and the means and methods should be in harmony with the employer’s property rights, barring any special circumstances.