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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles have entered the second factory Dong for the purpose of distributing printed matter as stated in the facts constituting a crime in the original judgment, and there is about 20 minutes of money. However, this constitutes a justifiable act that does not go against social rules, or a justifiable ground exists to believe that one's act is not a crime under statutes, and thus, it is not subject to punishment.
B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. The main text of Article 2 subparag. 4 of the relevant Acts and subordinate statutes and the Trade Union and Labor Relations Adjustment Act provides that the term “trade union” refers to an organization or associated organization which is organized by workers as the principal agent for the purpose of maintaining and improving their working conditions and promoting the improvement of workers’ economic and social status by voluntarily and collectively forming the principal agent. The proviso and main text of the same Article provides that if the dismissed person permits the joining of a person other than workers, it shall not be deemed a trade union. The proviso of the same Article provides that the dismissed person shall not be construed as a person other than the worker until the Central Labor Relations Commission makes a decision on review.
Each of the above provisions is a provision to protect the establishment and existence of a trade union and to ensure that the activities of a trade union are not impeded by the employer’s unfair exercise of personnel rights, and therefore, it is only applicable in relation to the status as a member of a trade union, and it cannot be extended to the validity of an individual labor contract with the worker and the employer, but is disputing the validity of dismissal as a legal dispute within a reasonable period of time after dismissal.