The prosecutor's appeal is dismissed.

1. The defendant, who is a nutrition teacher of the grounds for appeal, is directly assigned with the duties to direct and supervise the kitchen employees in accordance with the Enforcement Decree of the School Meal Act, and the defendant's evaluation of his/her career management and personnel evaluation is accepted by the principal, and has the right to de facto discretion.

Since it is reasonable to view that the Defendant is “a person who acts on behalf of an employer with respect to matters relating to workers” under Article 2 subparag. 2 of the Labor Relations Adjustment and Labor Relations Adjustment Act and constitutes an employer, the lower court acquitted the Defendant of the facts charged in this case on the ground that the Defendant is not an employer, thereby misapprehending the facts or misapprehending the legal doctrine, thereby adversely affecting the conclusion

2. Determination

A. The summary of the facts charged is that the Defendant, as a nutrition teacher for E elementary schools (F) in Songpa-gu Seoul Metropolitan Government, instructs the kitchen members of the school meal room to perform duties, directs and supervises the kitchen members, such as the management of attendance, personnel evaluation, etc., and supervises the overall duties of the school meal room, etc., and acts on behalf of the employer for the matters concerning the kitchen members of the school meal room, such as labor union and labor relations adjustment law.

An employer shall not control or intervene in the organization or operation of a trade union by workers.

On November 17, 2014, the Defendant entered into a contract for fixed-term labor with the head of the E elementary school and worked as a cook for school meals in the above E elementary school meal service room, and attempted to participate in the strike notified by the above labor union as a non-regular labor union member in the national school, and continued to engage in the strike with the above G, etc.

Initially, the internal event was held in his jurisdiction due to his her g, and the next disadvantage is the same.

At least 80% of the attendance rate is good.

It is necessary to think that attending the strike should be considered.

Because of this, 80% or more of elementary schools is present at present.

I. Korea.