The appeal is dismissed.

The grounds of appeal are examined.

1. The term “act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act permissible in light of the overall legal order, or the social ethics or social norms surrounding the act.

Whether a certain act is a legitimate act that does not contravene the social norms and thus the illegality is excluded should be determined individually and reasonably under specific circumstances. To recognize such legitimate act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementaryness that there is no other means or method other than the act.

(See Supreme Court Decisions 98Do2389 Decided April 25, 200, 201; 201Do6287 Decided October 13, 201, etc.). In order for a trade union to be justified, activities of a trade union may be viewed as an activity of a trade union by the nature of the act, or as having obtained the implied authorization or approval of the trade union, and it shall be an act necessary for the maintenance and improvement of working conditions and the enhancement of workers’ economic status and shall be an act assisting in the strengthening of the unity of workers. Except as otherwise provided in the rules of employment or collective agreement, or in cases where there is a separate permit or practice in the rules of employment or collective agreement, or the consent of the employer, activities of a trade union within a workplace shall follow reasonable discipline or restriction based on the right to manage facilities of the employer, and shall not follow methods of violence

(See Supreme Court Decision 91Do3044 delivered on April 10, 1992, etc.). Meanwhile, criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), and the preparation of evidence, which is based on the premise of fact finding, is selected.