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(영문) 서울중앙지방법원 2015.11.04 2015고단3989
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the site of the desired labor union D branch (hereinafter referred to as the "D branch") and is the head of the G region formed by E and F circuit as an affiliated organization of the said D branch.

[Case G] D Branch was established around March 30, 2014 by a trade union consisting of 50 co-contractors, who entered into an entrustment contract with H Co., Ltd. (hereinafter “H”) for the establishment and repair of Internet communications networks, etc.

D Branch: (a) from October 21, 2014 to recognize the status of the general workers of the Korea Workers’ Federation (hereinafter “KK”) to whom the right to negotiate the 50 collaborative group was delegated by the above 50 collaborative companies; (b) and (c) from May 21, 2014, in order to implement the requirements, such as the recognition of the status of workers of the general workers and the direct participation in collective bargaining by wages and H, the D branch developed a indefinite old-age farming with the headquarters from around October 21, 2014; (c) started up to the full strike from around November 20, 2014; (d) notified the demand for labor union aid, such as wages and fund contributions, and declared a final negotiation conclusion on December 15, 2014.

On the other hand, the D branch's labor union members demanded to continue to participate directly in collective bargaining H, and also decided to enter into the L building in which the president of the J group has occupied as it requested an interview with the executives of the J group but did not accept such a claim.

【Criminal Facts】

1. On January 6, 2015, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) entered into the Jongno-gu Seoul Jongno-gu Office’s head office by closely attaching 600 union staff members and 600 union members of the 1st floor union of the L building with the purpose of demanding an interview to the officers of the J group’s head office. The fourth floor through emergency stairs and elevators, after putting 21 union staff members and 221 members in order to occupy the fourth floor of the same building occupied by the J group’s president’s denied M, etc.

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