The defendant shall be innocent.

1. The Defendant is a representative of 97 members, who is the president of the Korea Transportation Association D branch of the Korea Transportation Association as a member of the Association.

Acts of suspension, discontinuation, or interference with the legitimate maintenance and operation of essential business shall not be conducted as acts of dispute.

Nevertheless, on April 7, 2014, from around 09:00 to around 10:00 on the same day, the Defendant: (a) mobilized 27 members, including 4 persons engaged in essential duties, at the D cafeteria located in E-si, from around April 7, 2014; and (b) held a “general assembly strike” (hereinafter “general assembly”), thereby holding a “general assembly strike” (hereinafter “general assembly”), thereby engaging in an act of suspending, discontinuing, or obstructing the legitimate maintenance and operation of essential duties.

2. Determination

A. With respect to the interpretation of relevant provisions, the Supreme Court held that the legislative purpose of Article 42(2) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Union Act”) is “safety protection of people’s life and body” and Article 42(2) of the Labor Union Act is “requirements for crime,” in light of its nature, where the act constitutes safety protection facilities and where any danger to people’s life and body arises due to the suspension, abolition, or obstruction of the maintenance and operation of the safety protection facilities, even if the act was conducted prior to taking necessary safety measures, it does not constitute a violation of Article 91 subparag. 1 and Article 42(2) of the Labor Union Act (see Supreme Court Decision 2002Do3450, May 12, 2006). In light of the legislative purport of Articles 91 subparag. 1 and 42(2) of the Labor Union Act (see Supreme Court Decision 92Da482, Apr. 2, 20, 2002).