The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the legal principles, if the “an act of expressing political intent to exercise influence in the process of policy-making by pressureing the Government by linking the government with a specific political party or political force” is deemed as a “political activity” under Article 4 of the Public Officials Labor Union Adjustment Act, it is prohibited from the legitimate activities of public officials’ labor union. This is unconstitutional

② The instant assembly shall be deemed as “justifiable activities related to trade unions” under Article 3(1) of the Public Officials’ Labor Union Act.

③ The instant assembly cannot be deemed as a “collective activity for the purpose against the public interest.”

(4) No public official’s duty to concentrate on performing his/her duties can be recognized as a legal holiday.

Therefore, the court below erred by misapprehending the legal principles.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. 1) Determination of the lower court on the assertion of misapprehension of the legal doctrine is 1) Article 3(1) of the Act on the Trade Union and Labor Relations of Public Officials provides that “The organization and joining of public officials pursuant to this Act and the legitimate activities related to trade unions shall not be governed by the main sentence of Article 6(1) of the State Public Officials Act and the main sentence of Article 58(1) of the Local Public Officials Act,” while Article 4 of the same Act provides that “trade union and its members shall not engage in political activities.” In full view of the contents and structure of the above provisions, if the instant assembly constitutes “political activities” pursuant to Article 4 of the Act on the Trade Union and Labor Relations of Public Officials, it may not be recognized

Meanwhile, according to the legal reservation of Article 37(2) of the Constitution, in principle, the scope of activities of a public official trade union or its members shall be remuneration, welfare, and other working conditions of a public official trade union or its members in consideration of the characteristics of the public official's duties and status, the influence of public official's performance of duties on the freedom and rights