(영문) 수원지방법원 평택지원 2009. 11. 25. 선고 2009고단1159-1(분리) 판결

On May 17, 2007, the defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act, violation of the Punishment of Violences, etc. Act, interference with business, and insult at the Changwon District Court on May 17, 2007, and was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Seoul Southern District Court on February 5, 2009, and is currently under the suspended sentence of six months for a suspended sentence of six months.

(b) The composition and status of defendants of metal labor unions;

The National Metal Trade Union (hereinafter referred to as the "MMMMM") under the Korean Democratic Trade Union Federation (hereinafter referred to as the "Korean Democratic Trade Union") consists of 14 regional branches and 5 enterprises sub-branches (on-site automobiles, arche automobiles, GM treatment automobiles, pair of automobiles, only machinery), and the total size of which is estimated to be approximately 145,155 members in total 241 workplaces.

The officers of this Article are composed of 1 chairperson, 1 vice-chairperson, 7 vice-chairperson, and 10 vice-chairperson. The vice-chairperson is elected through voting at the members' general meeting and is in charge of two and three labor-management issues related to female workers and non-regular workers, respectively. Co-defendant 1 of the second instance court is in charge of labor-management issues, such as wage negotiations in the Busan Gyeongnam Branch and the Busan Gyeongnam Branch and the corporate sub-chapter (hereinafter referred to as "du automobile labor union"), among the local sub-chapters, while working as the vice-chairperson from March 1, 2007. The defendant is working as the vice-chairperson of metal labor union from October 1, 2007, and is in charge of labor-management issues, such as the bargaining branch and the nationwide non-regular workers' labor-management issues.

The metal labor unions shall have a central enforcement committee (hereinafter referred to as the "central executive committee") comprised of 39 members, including the chairperson, the chief vice-chairperson, 7 vice-chairperson, the secretary general, 14 chief of regional branch offices, 5 chief of enterprise branch offices, the head of planning office, the head of public relations relations office, the head of labor safety and health office, the head of labor safety and health office, the head of education office, the head of education office, the head of education office, the head of the organization organization, and the head of organization office, etc., as the highest executive organization, to decide on major matters, such as the method, time, place, etc. of the total strike, and the holding of a meeting, among the members of the central executive committee as the standing executive organization, the general executive committee consisting of the heads of regional branch offices and the rest of the core executive officers excluding the heads of enterprise branch offices and branch offices (hereinafter referred to as the "ordinary meeting"), and the defendant shall present the agenda of the general executive committee in the progress of negotiations at each branch office and branch office meeting, and the defendant shall hold the core of the meeting.

2. Progress of restructuring of both motor vehicles;

On January 9, 2009, both companies (hereinafter referred to as "a pair of automobiles") filed an application for commencing rehabilitation procedures with the Seoul Central District Court on February 6, 2008, in order to appoint Non-Indicted 3 and 4 as the legal administrator in response to the commencement of rehabilitation procedures on February 6, 2008, as well as to appoint Non-Indicted 3 and 4 as the current status of their organization and business in derivatives transactions, and to enhance competitiveness due to the decline in research and development investment that began in the early 2000s, and the first cash of January 2009 is merely 7.4 billion won, and thus, it becomes difficult to pay the bills of exchange amounting to KRW 93.2 billion due to the date of payment of the bills of exchange on January 9, 2009.

Accordingly, for 2,646 persons with 7,177 workers on April 8, 200 and 37% of the liquidation value of 2,646 persons, they prepared and announced a self-rescue plan with the content that they are engaged in restructuring and receive loans equivalent to 250 billion won including new development investment funds, etc., and on May 6, 200, Samil Accounting Corporation submitted a self-rescue plan with the purport that "the continuous corporate value of both vehicles as of the commencement date of rehabilitation is 1.3,27.57 billion won and the liquidation value is 9,38.5995 billion won and the liquidation value is 3,88.984 billion won and the continuous corporate value is 377% higher than the liquidation value of 7,177 workers and 2646% higher than the above premise that there is no possibility to implement the self-rescue plan."

According to the above self-rescue plan, both automobiles submitted a written report of dismissal to dismiss 2,405 persons based on comprehensive consideration of the disciplinary action, continuous service, evaluation, career, number of dependent family members, etc. on June 8, 200 to the office of the Bupyeong-gu Regional Labor Office from April 16 to May 8, 200, when they received a desired retirement application from workers, and then submitted a written report of dismissal plan to which 2,405 persons are to be dismissed.

3. Illegal conduct of the strike of a pair of motor vehicles;

(a) Illegalness of strike;

In order for a trade union to be lawful, the subject of collective bargaining shall be the one who can be the subject of collective bargaining, and the second purpose shall be to create autonomous negotiations between the labor and management to improve the working conditions, and third, the employer shall commence collective bargaining to the specific demand for the improvement of the working conditions of the workers, but shall undergo the procedure of the union members to approve the majority by direct, secret, and anonymous voting, and to apply for the mediation of the labor dispute, unless there are special circumstances, and fourth, the means and method shall be in harmony with the employer's property rights and shall not constitute violence as well as the exercise of violence. Industrial action shall not be conducted in such a way as to interfere with entry, operation, or other normal business of a person who is not related to the industrial action, or a person who intends to provide labor, and shall not use violence or intimidation as an act of resisting or acquiring the participation in

Pursuant to the decision of the Seoul Central District Court in the course of the corporate rehabilitation procedure, two motor vehicles trade unions (the chief of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch) held on April 3, 200 in order to guarantee workers' total employment, and held a meeting for restructuring and opposition of the two motor vehicles on April 9, 200 to hold a temporary representative meeting on April 13, 200 and passed a general meeting convocation notice for voting for the purpose of "wages bargaining and crushing of wages," and on April 13 and April 14, 200, passed a pro rata voting for industrial action on April 13 and 151, 200 from that of the incumbent members of the 5,025 voting, 4,328 voting, 84.02% of the total number of 5,000,0000,000 25,000,000.

In the process, the metal labor union applied for mediation of a labor dispute to the National Labor Relations Commission on April 10, 200, but the National Labor Relations Commission made an administrative guidance on April 20, 200 that the restructuring problem is not an object of a labor dispute and that it recommends that it should have an active and sincere negotiation between labor and management with respect to the working conditions, and on April 23, 200, the National Labor Relations Commission applied for mediation of a trade dispute again on April 4, 200, made a decision of suspension of mediation on the ground that it is impossible to present a mediation proposal due to a

Ultimately, the series of strike in this case is for the purpose of preventing the restructuring of the company, and it constitutes an illegal strike for the purpose of this case. The partial strike up to May 3, 2000 before the National Labor Relations Commission makes a decision to suspend the mediation constitutes an illegal strike in violation of the mediation pre-determination principle, and in particular, the right to manage the company's facilities is completely excluded from the company's right to manage the company's facilities by wholly occupying production facilities after May 26.

(b) Power of strike;

The Ministry of Trade, Industry and Energy (hereinafter referred to as "the Ministry of Trade, Industry and Energy") shall be comprised of 34 members in total, including the head of a chapter, the chief site head, the head of a site, the secretary general, the head of 7 office, and the head of 23 members, and the two automobile unions shall, upon the resolution of a general meeting convocation announcement to vote for and against an industrial action through a temporary conference on April 9, 200, delegate of the above executive department, 34 members in general, 7 representatives of Pyeongtaek-si Factory, the head of the branch of the Changwon-gu branch and the representative of the branch of the maintenance branch, one representative of the branch of the maintenance branch and 45 members of the representative, respectively, to organize the Central Dispute Countermeasures Committee (hereinafter referred to as the "Central Dispute Countermeasures Committee"), and shall delegate all the schedule and methods of the strike in subrogation in the future.

4. Violation of the Punishment of Violences, etc. Act (a violation of the same Act as a group, deadly weapon, etc.).

(a) Intrusion into a structure;

The defendant, a vice-chairperson in charge of the labor-management problems of the national non-regular workers under the metal labor union, occupied a smokestack in Pyeongtaek-si factory from May 13 to support the occupation and distribution of the non-regular workers, such as the two-regular and non-regular workers' franchising of the site of the building site, and in order to review the treatment problems of the non-regular workers in the process of labor-management negotiations, 6.7.6.7.6.11.6.6.11.6.6.15.6.6.15.6.23.6.26.6.26.7.7.7.

(b) Violation of the Punishment of Violences, etc. Act;

The Defendant, from September to August 6, 200, had 90 persons, including Non-Indicted 2, from around 9 to August 6, 200, obstructed the entrance of containers, etc. in Pyeongtaek-si factory, and continued overall factory occupancy by armeding them with a pipe, flame disease, chemical rayer, and exploitator, etc., thereby failing to comply with the demand for the eviction of the two vehicles by mass force.

5. Interference with business due to the strike of a pair of motor vehicles.

As above, 45 members of the central dispute mediation committee, including the head of the branch office, non-indicted 2, etc. of the two motor vehicles' union, conspired to encourage its members to participate in the assembly and check the participation number of its members. From 13:30 to 17:30 on April 24, 200, 30 members of Pyeongtaek-si Factory assembly3 team and 1,000 members of the assembly 4 team participate in an assembly held before the central government office building and the two motor vehicles suffer property loss of 29,935,00 won due to their failure to manufacture 87 units of the completed 87 units, and the two motor vehicles from that time to May 25, 200, in the following crimes list (1), they conspired to interfere with the overall management of the motor vehicles of the victim by interfering with the manufacturing of the two motor vehicles by means of force of both the branch office or the front part of the motor vehicle by the power of the two members of the victim and the following two members of the company from 90 to 25.6.6.

2. In the Act on the 23th Temporary Representatives of Metal No. 23, held in the Cheongju-si Cheongju-si.

-The chairman of metal labor union non-indicted 1 publishes a substitute company stating that “I will build an early cable while developing a bridge and a non-regular strike with responsibility. I clarify the strategic direction to destroy new neutism, while strengthening the restructuring strike on the face of the political party and concentrating in the strike preventing the MB MB MB MB M&D, and combining the cirratty.”

- With a view to the development of a strike at the level of partnership with the restructuring of two cars, the government and the bond associations complete the strike at the level of metal labor union, consisting of two car branches, Games branches, etc., and the combination of countermeasures groups at the level of franchising capital and the combination of two car branches, the two car branches, Games sub-branches, etc., and the group of joint and several strikes at the end of every week, and the combination of two parts and parts companies, Games sub-branches, and police sub-branches on January 15, 200, which combines the two-party strike in the form of a strike and the development of a two-party strike on November 200, and on January 11, 200, the "MMMNo 209."

On November, 11, 200, in front of the Seoul National Industrial Bank, Non-Indicted 2 made a speech that "the head of the branch office in the Tranchis Trade Union and Non-Indicted 2 shall hold a meeting to oppose restructuring and make an urgent investment of public funds by claiming a resolution of union members to urge the Industrial Bank of Korea to join the total number of employees and the number of employees, and the head of the branch office in the Tranchis Trade Union and Non-Indicted 2 made a speech that "If the Tranchis are collapsed, the metal union is preparing for the strike." The Co-Defendant 1 of the second instance court made a speech that "We have to die any longer if we yield the minimum operating fund and protect the right to survival of 200,000,000, and the metal union will be s

On March 31, 200, in front of the Seoul Western District Court of Seocho-gu Seoul Central District Court, held a meeting to take measures to file a claim for damages against a superior car at a metal labor-management level, and Co-defendant 1 of the second instance trial declared that “the first launch of the financial crisis began by the government’s erroneous policy of neo-gradism, and the workers of the second instance trial were arbitly spared.” This statement aims to hold the employees responsible for the management of the superior car, and metal labor-management will not be controlled by the recipient.”

On April 3, 198, Non-Indicted 1, 200 members of the metal labor union, including Co-Defendant 1 of the second instance court, held a meeting of the metal labor union, and made a speech that “the Government and capital must make public funds to resolve this crisis, and we must observe our employment problems by gathering power and comply with our employment problems, and is in the non-indicted 2, the head of the branch office of the two-automobile labor union, and Non-Indicted 2, the head of the two-automobile labor union, “The employment is the life, the total employment, the dismissal, and our strike is justifiable, and our strike can be taken at the same time.”

In the presence of 1,300 members of the two car unions at Pyeongtaek-si factory on April 8, 200, Nonindicted 5 held a meeting of the resolution of all the members of the two cars, and made a speech that “If we move in, we need to clarify the following parts, first, there should be no difference among the members, first, there should be no difference among the members, second, the metal labor union should be together with their family members, second, the metal labor union will be able to do its best, and last, at the same time, there may be defects in this fighting together, and our will be able to win if we agree with them.”

On 14. 14. 14. 6. The chief of the building site in the Tranno-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon 63th, Non-Indicted. 6 reported the progress of the restructuring, such as the voting rate of 97.5%, the affirmative votes rate of 86.1%, and reported the progress of the restructuring, which was held at the meeting room of the Daegu-Mon-Mon-Mon-Mon-Mon-Mon-Mon 6

From April 27, 27 to May 6, 200, the two automobile labor unions were engaged in a part-frequency business under the pretext of union members education, etc., and were dispatched to the metal labor union executives, such as Nonindicted 7, the head of the metal labor union, etc. to take charge of education on the illegality, etc. of restructuring.

On July 7, 198, when there are 2,50 two car unions in Pyeongtaek-si factory, Non-Indicted 1 of metal labor union chairperson held the "Woo ppppppp pulver pul pulb pulb pule pule pule pule pule pule pule pule pule pule". The chief of metal labor union non-indicted 1 made a speech that "brue walf is flue and wald" is flue with the heads of the four completed 4 companies in Busan, and the heads of each branch made a conference with the heads of the other branch offices in Busan, but they are difficult to engage in the business, and they are flue with the two fightings, which are 150,000 flue pule pule pule pule."

On December 12, 198, the Conference of the 65th Session of the Seoul Special Metropolitan City of Metal Trade Union, which was held at the meeting room of the Seoul Special Metropolitan City of Metal Trade Union, decided to revise the schedule of the ordinary strike on May 13 to May 13, 198, and to proceed with the resolution of the metal trade union resolution of the place of business restructuring, including the two-use vehicles with the participation of the whole expansion.

On May 13, 198, when two automobile union members and four hundred union members of metal labor unions, such as Co-defendant 1 of the second instance trial, were present, Non-Indicted 1 of metal labor union chairperson made a speech that "The chairman of metal labor union non-indicted 1 will hold a meeting on May 22 and 10,00 members of metal labor union in Seoul, with the total number of members of the metal labor union, i.e., Co-defendant 1 of the second instance trial, by holding "the total number of members of the metal labor union will be engaged in the operations of the entire metal labor union and the number of members of the 150,000 persons who face 1,00 persons is expected to hold a meeting in Seoul."

On May 22, 205, the metal labor union chairperson non-indicted 1 and the members of the two-wheeled car labor union held "the total business trip of both cars" in the society of Non-indicted 8 of the head of metal labor union culture while attending the meeting.

On 25. 25. 25. The Yeongdeungpo-gu Seoul Metropolitan Government 2 decided to devise measures related to the education of the two car union members in the metal labor union education room in the second instance in the meeting room in the building 139 large-scale, the second instance trial co-defendant 1 and the defendant, etc., which are held in the presence of co-defendant 1 and the second instance in the meeting of the Building Trade Union 106.

6. 26. 26. 26. 6. 6. 6. 6. 6. 3. 6. 6. 6. 9. 6. 9. Seoul Metropolitan area and Chungcheong Cheongbu Factory, which were held at the meeting room of the metal labor union 67.

On January 1, 198, the Seoul Young-gu Metal No. 110 conference, which was held by the defendant et al. in the presence of the defendant et al., decided to combine the metal No. 110 conference with the agricultural wave of the two vehicles. On August 6, 2006, the head of the metal No. Extraordinary Bureau of the Organization and Organization of Metal Nos. 9 dispatched the director non-indicted 9 to the Pyeongtaek-si factory to assist the strike by providing advice in the field of the two vehicles No. 15 in the political and social circumstances surrounding the strike, such as setting up the direction of the strike in the field of the strike and planning.

6.2. On June 2, 198, the decision was made to change in the future of Pyeongtaek-si Factory at the request of the two-party branch in accordance with urgent circumstances, such as notification of the dismissal dismissal order.

On June 3, 200 members of the metal labor union, such as Co-defendant 1 of the second instance court, were present in Pyeongtaek-si factory on the second instance trial, and Non-Indicted 1 of the metal labor union chairperson held the "MB regime adjudication unit unit" and made a speech that "Although there was fear of understanding the citizens within the city of the present Seoul, the two-way branch's demand was accepted and the plan was changed so far as possible, the head of the metal labor union would make the most strong decision that can be done as the chairperson if he refuses to communicate and puts public power," and Non-Indicted 7 of the metal labor union team leader non-Indicted 7 made a speech that "the spawn spawn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn."

6.3. Around June 3, 2006, a decision was made to grant the transportation cost and food of the metal labor union branches participating in the said campaign culture task in the metal labor union, holding the first and second-day campaign at the 69th Central Assembly of Metal Trade Unions, which was held in the Bupyeong-gu Factory after the above resolution was held.

On June 15, 196, Co-defendant 1 and the defendant, etc. were present at the second instance court meeting, the portion of the collected amount of KRW 1,000 per each member of the union among the "development of rice support movement for the former members" originally planned in relation to the occupation and use of the two cars in relation to the occupation and use of the two cars, and the decision was made to prepare countermeasures for the entry of the factory into the building of the two cars expected to be the morning on June 16, 198 in the metal labor union room.

On 11:00 on 19. 19. 11. 11.00, persons related to non-indicted 5, co-defendant 1 and non-indicted 2, co-defendant 1 and co-defendant 1 of the second instance trial, the National Association of Farmers and Fishermen, the Korean Film Association, and the thickness among civil organizations were present, who deliver 100 kilograms of rice 20 kilograms prepared by the National Association of Farmers and Fishermen and civic groups to the members of the occupying industry, and held the "MM Nomno Culture System" during the attendance of 3,00 members of the metal union in the Pyeongtaek factory from the night to the day following the day.

On June 29 and July 1, 2007, the "Monno-Mon-Mon-Mon Conference of the Headquarters for Emergency Stoppy", held at the office of the Pyeongtaek-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon Council, resolved that the cost of the Twin-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Mon-Son

7.3. The Yeongdeungpo-gu Seoul Metropolitan Government adopted a resolution on the execution of the project to publish opinions on the strike of two vehicles in Han-gu newspapers and tendency newspapers, which are held at the metal labor union conference room.

7. The members of a meeting during metal labor unions, such as Co-defendant 1, in the middle-class factory in the middle-class police officer, delivered a 500 foot to the members of the two-party automobile labor union in the process of occupying the 500 foot of a 1 ton truck.

As a vice-chairperson of metal labor management, Co-defendant 1 of the second instance court, who takes exclusive charge of the labor-management issues of the two car branch, continuously contacted with the labor-management power of the two car unions such as non-indicted 2, etc. in the branch chief of the branch office, and agreed on the strike and the direction of negotiation following the change of situation. The defendant, who is in exclusive charge of non-regular workers, as the vice-chairperson of metal labor management, intrudes into the two car unions over seven times and moves into the Pyeongtaek-si factory, and takes charge of the treatment problems of non-regular workers in the labor-management bargaining process, and reflects the union members and reflects the treatment issues of non-regular workers in the Pyeongtaek factory from July 6 to August 6.

As above, Co-defendant 1 of the second instance trial and the defendant, as the core points of the assemblies and commercial assemblies during metal labor unions, performed a large-scale strike to support the strike of the two vehicles, provided expenses to the members of metal labor unions participating in the above assemblies, dispatched to the executive department of metal labor unions to assist the union members education, conduct public relations activities such as carrying out publicity activities such as the press conference and newspaper advertising, delivery of rice and raw water for the long-termization of occupation and wave, labor-management negotiations, etc., and interfered with the manufacture of the two vehicles and the management of factory facilities of the victim by force, in collusion with the two members who participated in the two vehicles labor unions, and 90 members who participated in the two vehicles labor-management power and occupation and occupation strike.

Summary of Evidence

1. Partial statement of the defendant;

1. All or part of the witness’s statement to Nonindicted 10, 11, 12, and 13

1. Each prosecutor's protocol of interrogation of the defendant and co-defendant 1 of the second instance court (part);

1. Each prosecutor's protocol of suspect interrogation as to Nonindicted 12, 13, 11, 7, 9, and 14 (part)

1. Each police interrogation protocol copy of Nonindicted 15, Nonindicted 10, Nonindicted 16, 17, 18, 19, and Nonindicted 7, Nonindicted 20, Nonindicted 21, Nonindicted 21, and Nonindicted 22, Nonindicted 23, 24, and Nonindicted 3, 8, Nonindicted 25, 26, 5, and 27 of the original judgment (part)

1. A copy of each police statement of Nonindicted 10 and 28

1. Records of documentary evidence at the meeting site photographs (record Nos. 53, 54, 80 through 82, 88, 94, 379 through 382, 664), records of the press reports (record No. 86, 87), notices on the website (record No. 100 through 114, 115 through 122), official notices of metal labor-management representatives (record No. 123 through 143, metal labor-management homepage notices (record No. 123 through 143, metal No. 159 through 161, metal No. 234, 235, metal no. 236 through 257, temporary records of the meeting), records of the results of the meeting conducted in metal No. 69 (record No. 159 through 161), copies of metal no. 34, 235, metal no. 129 through 25,290

1. Criminal records;

Application of Statutes

1. Article applicable to criminal facts;

The entry of each building into a judgment: Article 319(1) of the Criminal Act (Appointment of Imprisonment with prison labor);

In the case of refusal to leave due to multiple force: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 319(2) and (1) of the Criminal Act

Article 314(1) and Article 30 (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Punishment of Violences, etc. (Violation of the Act on the Punishment of Violences, etc., which is the most severe punishment among crimes on board)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

Grounds for sentencing

On May 17, 2007, the Defendant was sentenced to a suspended sentence of three years in one year and six months for a violation of the Punishment of Violences, etc. Act (ex officio and injury at night), and on February 5, 2009, the Defendant was sentenced to a suspended sentence of one year in the Seoul Southern District Court for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and again committed the instant crime despite the suspended sentence of one year during the suspended sentence of six months in the Seoul Southern District Court, and the Defendant committed the instant crime. Regarding the process of committing the instant crime, the Defendant was entering a two-use factory to prevent unfair treatment in the process of negotiations between labor and management regarding the scale of layoff, etc., but the Defendant was not present at the court or investigation agency on the entry into and resumption of a two-use factory. Considering the fact that physical conflict between the Defendant and his/her members inside the two-dimensional factory and his/her defense counsel did not appear within the court or investigation agency on the reason that he/she did not appear to be present within the second one-time in the judgment.

[Attachment]

Judges Jeong-young

본문참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위등처벌에관한법률 제2조 제1항 제1호

-폭력행위등처벌에관한법률 제3조 제1항