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(영문) 울산지방법원 2017.06.27 2017고정259
집회및시위에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the director of the regional headquarters of the National Public Officials' Union (hereinafter referred to as the "major labor union") C.

On December 2, 2015, the government extended the scope of application of the performance-based annual salary system for public officials and announced the method of differential payment according to the evaluation grade. Accordingly, the government opposed to the expansion of the performance-based annual salary system by asserting that public officials, such as major workers, were “the expanded application of the performance-based annual salary system shall eventually be made out of the retirement system for those who have failed to meet the performance, and the status of public officials may be unstable.”

A person who intends to hold an outdoor assembly shall submit a report stating the purpose, date, place, organizer, contact manager, and the address, name, occupation, contact address of the person in charge of the organizer, contact manager, and the organization and number of persons to participate in the assembly to the head of the competent police station from 720 hours to 48 hours before the commencement of the outdoor assembly, but the defendant, on July 16, 2016, obtained information that the Minister of Administrative Autonomy, on the basis of the first day of July 11:00 of the same month, was scheduled to visit D in order to hold a meeting related to the restructuring of the shipbuilding industry, without filing a demonstration report with the head of the F police station. On the 16th day of the same month, the defendant and the head of the competent police station, without reporting the demonstration with his/her major union members on the 16th day of the same month.

이에 따라 피고인은 전공 노 C 지역본부 사무처 장인 G으로 하여금 전공 노 C 지역본부 조합원들에게 2016. 7. 16. 10:40까지 위 E 주차장으로 집결하도록 연락하고, ‘ 성과 연봉제 폐지, 성과 퇴출제 저지’ 등의 내용이 기재된 피켓 및 동의( 胴衣 )를 준비하도록 지시하였다.

After that, around 10:40 on July 16, 2016, the Defendant stated that the Defendant “this refers to the major H, major headquarters of the Nowon-gu, I, and the above G, etc., of performance-based class farb and compost fark.”

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