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(영문) 수원지방법원 성남지원 2017.02.15 2016고정348

업무방해

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. On November 26, 2014, the instant background and the Defendants’ status L Group announced four affiliates of the petroleum chemical and defense industry, including M, to sell to N Group, and 1,300 workers belonging to the Changwon Factory were placed against the sales decision and continuously demanded the withdrawal of the sales decision on the part of the company by establishing the Democratic Nowon-do NM Branch M Association (O; hereinafter referred to as the “M Branch”) around December 16, 2014.

Nevertheless, on June 29, 2015, M was conducted as it is by holding a general meeting of shareholders from Q in P in Seongbuk-gu, Sungnam-si P to change its trade name to R and passed a resolution on the agenda such as the appointment of a new director.

Accordingly, the labor union members belonging to M Subdivision decided to occupy the entrance of the general meeting of shareholders or to interfere with the general meeting of shareholders by participating in the general meeting of shareholders as a minor shareholder, and approximately 600 union members moved from the Changwon around 00:30 on June 29, 2015 to Q by using buses, and then all the horse and work uniforms around 05:30 on the same day were worn to Q prior to Q. which entered the meeting of the general meeting of shareholders.

The Defendants, as a member of the General Labor Relations Adjustment Board of M branch, joined Q prior India by the resolution of the M branch, along with other union members.

2. Criminal facts;

가. 피고인 A, 피고인 B, 피고인 C, 피고인 D, 피고인 E, 피고인 G, 피고인 H, 피고인 I는 다른 노조원 약 125명과 함께 같은 날 06:00 경부터 같은 날 06:20 경까지 위 Q 후문 주차장 앞에서 어깨동무를 하거나 팔짱을 끼고 스크럼을 짜는 방법으로 Q 사무총장인 S을 비롯하여 Q 직원 및 주식회사 M 주주 등 20 여 명의 출입을 저지하여, 위력으로 피해자 M의 주주총회 업무 및 피해자 Q의 직원들의 시설관리 업무를 방해하였다.

B. Defendant F from around 00 to around 06:30 of the same day with approximately 20 other union members.