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(영문) 서울북부지방법원 2020.07.21 2019고정1764
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A was the commander of the branch of the Seoul Eastern Zone (hereinafter referred to as the "Cnool") and the head of the Cnool team, and the Cnool union members were the members of the Cnool group at the construction site of the Dun apartment reconstruction site in Seoul Special Metropolitan City.

According to the Occupational Safety and Health Act, when a construction business owner employs a daily employed worker, he/she should have the worker complete the basic education for construction business conducted by the institution registered with the Minister of Employment and Labor. Pursuant to this provision, 15 persons, such as E members F, etc. (hereinafter “E members”), stated in the following table, including the victim F, etc., who are E members of the above construction site, agreed that he/she will work for G in charge of the structural construction of the above construction site and work at the construction site. On February 8, 2019, at around 08:0-09:00, a construction business owner waiting for the purpose of receiving the basic education for construction business

In order to prevent the Defendants from performing their work at and near the above safety education place, the Defendants’ arrival at and near the above safety education place, and Defendant A instructed the non-management union members including Defendant H to out of the E members of the safety education place, and Defendant H led the members of the E in the safety education place, along with other non-management union members, to get out of the safety education place.

As a result, the Defendants conspired and interfered with the construction work of E members by preventing them from receiving basic education on construction business.

- Victim List - Name 1 F 1 F 2 I 3 J 4 J 3 J 5 B 6 L 7 N 8 N 9 P 10 P 11 Q 12 R 13 S 14 T 15 U evidence

1. Defendants’ respective legal statements

1. The Defendants’ written statements in each police interrogation protocol

1. Each police statement about V and F;

1. Part of the written statement made by the police of W;

1. Application of Acts and subordinate statutes to investigation reports (verification of case-site images);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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