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(영문) 서울남부지방법원 2018.08.17 2017고정1193
집회및시위에관한법률위반
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is F Workhouse E, Defendant C’s joint representative, Defendant A’s representative, Defendant B’s I’s representative, Defendant D’s member, and Defendant D’s defense company (hereinafter “Defendant A, etc.”). Although the entire employees of K Workhouse should be converted into regular workers according to the court’s purport on September 25, 2014, the measures taken by the private sector that converting only part of the workers of K Workhouse into regular workers were unfair, and two members of the above branch from June 2015 of the former National Human Rights Commission’s building located in Seoul Central Human Rights Commission from Jung-gu, Seoul. On June 2015, the Preparatory Committee (hereinafter “PPP”) decided to hold an illegal transition to regular workers on December 26, 2015.

No person shall hold any outdoor assembly or stage any demonstration at a place within 100 meters from the boundary of the National Assembly building.

Defendant

A, around 16:40 on December 26, 2015, around 16:40, participated in the “Resolution Resolution for Illegal Dispatched Stopoverment”, which was held before the North Korea Advertising Organization located in Yeongdeungpo-gu Seoul Metropolitan Government, and participated in an assembly held at a place within 100 meters from the boundary of the office building of the National Assembly, which is the place where assembly is prohibited, within a certain distance of 1:0 meters from 17:05 to 17:20 on the same day, at the front of the National Assembly located within a distance of 6 meters from the boundary of the office building of the National Assembly.

2. Article 11 subparagraph 1 of the Assembly and Demonstration Act (hereinafter “the Assembly Act”) that falls under the applicable law of the facts charged of this case is applicable to the Constitutional Court.

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