The case holding that an act of participating in an industrial action constitutes an act of opening a third party as stipulated in Article 13-2 of the Labor Dispute Mediation Act by finding at the site of the dispute after a resolution was adopted to support the labor dispute of each company which did not have a labor relation, and delivering the amount of encouragement to its union members, and singing together with them or singing at the time of their learning “at the time of their learning.”

The case holding that an act of taking part in an industrial action constitutes an act of opening a third party as stipulated in Article 13-2 of the Labor Dispute Mediation Act by finding out at the site of the dispute after a resolution was adopted to support the labor dispute of each company which did not have a labor relation, and transmitting the amount of encouragement to its union members, and singing together with them or singing at the time of the dispute or singing “not later than the time of attending” and thus, it constitutes an act of opening a third party.

Article 13-2 of the Trade Dispute Mediation Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law No. 4540, Jan. 29, 1993) (Law No. 4540, Jan. 29, 1993) (Law No. 4540, Jan. 29, 1993; 879)

Defendant 1 and two others

Defendants

Attorney Kim Si-young

Seoul Criminal Court Decision 91No4168 delivered on July 1, 1992

All appeals are dismissed.

The grounds of appeal by the defense counsel are examined.

1. In light of the records, we affirm the measures of the court below that recognized each of the crimes of this case by the defendants, and there is no error in the violation of the rules of evidence or the incomplete hearing, and there is no reason to discuss this issue.

2. The judgment of the court of first instance, cited by the defendants, was adopted to support labor disputes of each company which did not have a labor relationship, or the act of participating in an industrial action by finding Defendant 1 alone at each of the sites of the dispute and delivering incentives to the union members, singing together with them, or singing with them at a very high level as stated in the judgment of the court below, as stated in the judgment of the court of first instance, shall be deemed to constitute an act of intervention by a third party as stipulated in Article 13-2 of the Trade Dispute Mediation Act. Therefore, the judgment of the court below to the same purport is just and there is no error of law by misapprehending legal principles, such as the theory of lawsuit. The argument is without merit.

3. In addition, according to the facts established by the court below, even if the defendant et al. were to exercise the annual and monthly leave, the application for collective action and monthly leave, etc. of this case led by the defendant et al. was to carry out his claims by hindering the normal operation of the business of the Samsung Heavy Industries Co., Ltd. employed by the defendant et al., and thus, it constitutes industrial action. Therefore, the judgment below is just and there is no error in the misapprehension of legal principles as to the lawsuit.

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ansan-man (Presiding Justice)