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(영문) 울산지방법원 2017.10.12 2017고단2447

업무방해

Text

Defendant

A A Fine of 3,00,000 won, Defendant B of 4,000,000 won, Defendant C, D, and E of 2,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A The head of the chapter I of the Korean Democratic Trade Union H (hereinafter “the above union”) and Defendant B are the union members, Defendant C are the union members, Defendant C are the above union members, Defendant D and Defendant E are the union members.

From July 14, 2016, the Trade Union and Labor Relations Adjustment demanded and negotiate the wages for the subcontractor in charge of performing the above construction works from around July 14, 2016, and the above Trade Union and Labor Relations Adjustment, from around October 21, 2016, had been conducting the full strike of the above Trade Union and Labor Relations Adjustment since around November 8, 2016, and around 1,700 workers were gathered near the entrance of the above Construction Site from around November 9, 2016 to block the entry of workers who are not the above Trade Union and Labor Relations Adjustment.

1. On November 11, 2016, the Defendant: (a) around 07:25, at around 19 entrance at the construction site; (b) seven persons, including the victim M, etc. affiliated with L Company, are to board the None Star and enter the said construction site; and (c) the Defendant prevented the victim from entering the building in such a way that he/she gets his/her body and expects his/her body from driving the vehicle.

Accordingly, the Defendant interfered with the victim's attendance and construction work by force.

2. On November 11, 2016, around 07:29, the Defendant: (a) around 19 entrance at the above construction site; (b) nine persons, including the victim P, etc., affiliated with the O Co., Ltd., were to board Qk Star P, to enter the construction site; (c) to enter the said construction site; and (d) to prevent the said passenger car from proceeding with some parts of the body; and (c) to prevent the victim from entering the building in a way that they are used in the front.

Accordingly, the Defendant interfered with the victim's attendance and construction work by force.

3. Joint crimes of Defendant C, D, and E