The judgment of the court below is reversed.

A fine of two million won shall be imposed on a defendant.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the statement of the accused is beyond the freedom of the press permitted by the employer and constitutes unfair labor practices;

Nevertheless, the judgment of the court below which judged that the defendant did not have an intention to control or intervene in the organization or operation of labor union, was erroneous in the misapprehension of legal principles.

2. Determination

A. The gist of the facts charged is that the Defendant, as the president of the school juristic person D E University in Jeju, is an employer who runs educational service business using 165 regular employees.

An employer shall not control or intervene in the organization or operation of a trade union by workers.

Nevertheless, on March 17, 2013, immediately before the establishment of the Democratic Labor Union E branch of the National University Workers' Union E branch (hereinafter "Labor Union E branch of this case"), the Defendant engaged in telephone conversations with F and F, leading the establishment of the above branch, and engaged in such activities to the effect that, on March 17, 2013, the Defendant engaged in an act of making the organization or operation of labor union or labor union by making the third force of the case of Labor Union No. 3, which is the case of Labor Union No. 3, in which it is possible to gather the opinions of the employees by the entire employees of the Republic of Korea. It is necessary to make the organization of labor union or labor union by making the organization of labor union or labor union, and it is necessary to communicate with the general meeting of employees. On the 18th of the same month, it is necessary to make the organization of labor union or labor union.

B. The lower court determined based on the overall content of the Defendant’s remarks, the process, method, and outcome thereof, and affected the Defendant’s overall status of the E University from the employer and the establishment of labor union on the E University.