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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to Defendant A’s obstruction of business and refusal to leave with respect to industrial action in the G workplace
A. The right to collective action is guaranteed as a fundamental right guaranteed by Article 33(1) of the Constitution, but it can be restricted for public interest such as national security, maintenance of order, or public welfare pursuant to Article 37(2) of the Constitution, and there is an inherent limit that the exercise of the right should be justified
(see Supreme Court en banc Decision 2007Do482, Mar. 17, 2011). An industrial action is justified in principle inasmuch as the dismissal of illegality by a justifiable act is recognized as a relation to an employer. Therefore, in a case where an industrial action infringes a third party’s legal interest, it is not justified.
However, in principle, a contractor is not an employer of a contractor, and if an industrial action by his/her workers infringes on the legal interests protected under the Criminal Act of a contractor, it cannot be deemed that the illegality of infringement of legal interests is excluded by the legal act in relation to a contractor who is not the employer, just because it is justified in relation to the relationship with the contractor who is the employer.
However, the contractor's workplace is a place where the contractor's employees gather together and provide work together, and the contractor's workplace is a place where the contractor's workers live together, and one of the main means of industrial action is a strike or a work is to be done at the contractor's workplace.
In addition, even though the contractor does not have a direct labor contract relationship with the worker belonging to the contractor, the contractor has enjoyed certain benefits by the work provided by the worker belonging to the contractor, and provided the contractor's workplace to the worker belonging to the contractor as a place of work to enjoy such benefits, a certain portion of the industrial action is caused by the industrial action.