The judgment below

The part concerning Defendant A and B shall be reversed, and this part of the case shall be remanded to the Panel Division of Suwon District Court.

The grounds of appeal are examined.

1. Determination on the grounds of appeal against Defendant A and B

A. Of the facts charged in the instant case, Defendant A, the head of the G branch of the Korea Cargo Association, and Defendant B, the head of the H branch of the said branch, in collusion with X, the head of the I branch of the said branch (hereinafter “instant branch”) to which he belongs, organized a demonstration at night two times from August 7, 2007 to August 8, 2007; and from August 22, 2007 to August 22, 2007 to August 04:00; and from August 8, 2007 to August 9, 2007, Defendant B, the head of the said branch.

B. According to the reasoning of the judgment below, the court below affirmed the judgment of the court of first instance on the ground that the above Defendants were not guilty on the ground that the aforementioned Defendants’ act of industrial action against the I Co., Ltd. (hereinafter “I Co., Ltd.”) was a conspiracy with the “K Center” of the non-party company located in the GaU located in Young-gu, Young-gu, AU.S., and that the part of “ outdoor assembly” in Article 10 of the Assembly and Demonstration Act and the main sentence of Article 10 in Article 23 subparag. 1 of the Assembly and Demonstration Act was retroactively invalidated by the Constitutional Court’s decision of inconsistency with the Constitution (the Constitutional Court en banc Decision 2008Hun-Ga25, Sept. 24, 2009).

C. However, we cannot accept the above determination by the court below for the following reasons.

(1) According to Article 2 Subparag. 2 of the Assembly and Demonstration Act, “ Demonstration” refers to an act of a group of people to engage in a place where the general public can freely pass, such as roads, squaress, parks, etc. for common purposes, or to influence or pressure an unspecified number of people by showing their power or power. However, whether a specific act committed by many people in a certain place constitutes a demonstration as a part of collective expression of opinion with common purposes is constituted as part of collective objectives, not only objective aspects such as the form of an act, number of participants, etc., but also internal ties between them.