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(영문) 광주지방법원 2014.03.19 2014고정158
업무방해
Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is the head of the F Branch G branch of the D Group E Trade Union, and Defendant B is the head of the same G branch, H, I, J, and K are the members of the same G branch.

On July 25, 2013, the Korea Trade Union E-UnionF branch to which the Defendants belong concluded a collective agreement with (State)M in charge of the construction of the L Industrial Complex site in Gwangju Mine-gu.

Although the contents of the above collective agreement include “the recognition of existing equipment to the poorer,” the Defendants solicited the victim N(59 years of age) who is non-members to receive wages lower than the wages agreed in collective negotiations and not to work at the above construction site on the ground that he/she works at the above construction site.

Defendant

B sent a text message to its members at a non-permanent place around September 9, 2013, stating that “the establishment of a branch office by no later than 8:00 am on the day of the call for the implementation of the Lsan Group collective agreement,” to the union members.

Defendant

A, around 10:00 on September 10, 2013, when there are 30 or more members of the L Industrial Complex Office in the Gwangju Mine Complex Office outside of the office, the victim interfered with the operation of the said construction site by force by force, such as: (a) H, I, J, and K demanded that the site manager “n's equipment shall be deducted; and (b) H, I, J, and K provided a bath to the victims of the said construction site who are driving the firedoer at the above construction site; and (c) preventing the front and rear streets from driving the firedoer at the above construction site.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each Act and subordinate statutes on the statement of the prosecution to N orO;

1. Articles 314 (1) and 30 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

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