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(영문) 수원지방법원 2017.11.24 2017노4723
업무방해
Text

The judgment below

The part concerning Defendant D and E shall be reversed.

Defendant

D. Not guilty. Defendant A, B, and C’s appeal.

Reasons

1. Summary of grounds for appeal;

A. Defendants (misunderstanding of facts and legal principles) 1) The failure of facility workers on May 1, 2015 to work does not constitute force, and the Defendants urged facility workers to attend labor-saving assemblies, but did not instruct or force them to work in a group. As such, the Defendants’ remarks do not constitute force, and the Defendants’ remarks do not result in the Defendants’ failure to work at work.

Even if the Defendants’ act constitutes a legitimate act of dispute, it constitutes a legitimate act of dispute.

Nevertheless, the judgment of the court below which found the Defendants guilty of the facts charged in this case is erroneous in misapprehending the legal principles or affecting the conclusion of the judgment.

2) At the time of Defendant C, the Victim H Co., Ltd. (hereinafter “victim”) and the N Co., Ltd. (hereinafter “N”) and the N Co., Ltd. (hereinafter “N”) did not enter into a service contract, and the N’s visit is not “business” of the victim company, and the Defendant did not directly prevent N’s actual inspection. The N’s employees did not directly prohibit N’s actual inspection. The N employees took part in the Plaintiff’s union members of the NAMM NA branch (hereinafter “instant Trade Union”) but returned to their will. Accordingly, the Defendant’s act does not constitute “power.”

In addition, even if the above employees returned to the day of the instant case, they could visit the other day or enter the factory to conduct an inspection by entering the factory, so there is no risk of interference with the business of the victim company.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the defendant guilty of the facts charged in this case.

3) Defendant E does not have access to the seminars and studio without permission, and the victim of domestic affairs.

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