logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
집행유예
red_flag_2
(영문) 수원지방법원 2001. 12. 12. 선고 2001고단7648 판결
[집단에너지사업법위반·업무방해·노동조합및노동관계조정법위반][미간행]
Escopics

Defendant 1 and one other

Prosecutor

Cho Jae-ho

Defense Counsel

Attorney Kim Young-soo

Text

Defendant 1 shall be punished by imprisonment for one year and by imprisonment for eight months, respectively.

The 57 days of detention prior to the pronouncement of this judgment shall be included in the above punishment.

However, the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

Defendant 1, while serving as a member of the Seocho-gu Industrial Complex Corporation on January 1, 1992, was integrated into five public corporations, such as the Daegu-gu Industrial Complex Corporation, the Seo-gu Industrial Complex Corporation, the Middle-gu Industrial Complex Corporation, the east-gu Industrial Complex Corporation, the west-gu Industrial Complex Corporation, and the west-gu Industrial Complex Corporation (hereinafter referred to as the "Corporation"), etc. on January 10, 1997, and was in operation of the enemy (title omitted) and was in operation as a member of the secretariat of the above trade union on February 4, 199, and was in operation as the head of the secretariat of the above trade union from February 4, 199, and was in operation as the head of the above trade union, the vice-chairperson and (regional name omitted) branch of the above trade union from October 7, 200 to the third executive secretary of the above trade union. Defendant 2 is in operation as the head of the above trade union, and the person who is in operation as the above executive secretary of the trade union.

On August 18, 1998, according to the government-invested or entrusted agency management innovation plan of the Ministry of Commerce, Industry and Energy under the jurisdiction of the Ministry of Commerce, Industry and Energy, until the end of 2001, the Corporation entrusts the asset value assessment service through asset implementation to the Abnbson on December 5, 200 to March 21, 200 in accordance with the management innovation plan of the Ministry of Commerce, Industry and Energy (title omitted), and suggested a review of the government's privatization policy to the Ministry of Commerce, Industry and Energy on April 27, 2001 on the basis of the results, it was ordered from the Ministry of Commerce, Industry and Energy on June 18 of the same year that the government should promote privatization in accordance with the government policy and submit specific sales methods, future sales promotion schedule, etc., and submitted a written opinion on the review of the privatization of a consolidated power plant on July 11 of the same year to the Ministry of Commerce, Industry and Energy on July 31 of the same year, and promote privatization of the Korea Development Bank on October of the same year.

On the other hand, on May 17 of the same year, the Trade Union has delegated the right to negotiate on the forest and labor unions to the Democratic Labor Federation of Korea on May 17 of the same year, and on May 25 of the same year, 11:10-13:20 on May 25, 200, Defendant 1, the chairman of the Trade Union, attended with 138 members, including 66 members of the said Union (regional name omitted), 72 members of the (regional name omitted) branch, and 66 members of the said Union at the “Public Empics” held in the Hadi-gu in front of the Hadi-gu Office of the Government in front of the Hacheon-gu Office of Sucheon-gu, and declared the position of opposing the privatization by continuously promoting the sale by the Government, and Defendant 1, the chairman of the Trade Union, as the chairman, declared the position of opposing the privatization.

In negotiations on June 13 of the same year, Defendant 2, the Secretary General, reported that, even though the Corporation proposed a proposal that "the maximum purpose of the cooperative is to reconsider the sale of power plants and to withdraw all things at the time of privatization," Defendant 2, the Secretariat, would continue to promote the privatization on the side of the Corporation, and reported that the industrial action was conducted indefinitely from the same date as the Ansan Labor Office and Ansan Broadcasting Office on July 24 of the same year, and that, in negotiations on June 13 of the same year:

(4) On the 20th anniversary of the need to establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union and establish a new labor union.

1. (Name omitted) In the city (Name omitted), the Minister of the Regional Headquarters of the (Name omitted) Power Plant Development Bureau of the Ministry of Trade, Industry and Energy (Name omitted), in collusion with Nonindicted 2 (Name omitted), Nonindicted 4 of the General Department of the Trade Union, Nonindicted 5, Nonindicted 6, and Nonindicted 7, etc. (Name omitted), in collusion with Nonindicted 104 members of the regional trade union, including the head of the Hast Planning Bureau, and the head of the regional planning group, and the head of the regional planning group, Nonindicted 6, and the head of the regional planning group, and the head of the regional planning division, in collusion with Nonindicted 7, etc., of the boiler 104 members of the regional trade union, including: (a) from October 3, and (b) from October 10 to 58 steam accommodation; and (c) on April 09:0, the normal attendance of all members of the cooperative; and (d) the supply of integrated energy by failing to perform safety management work for the power plant supply facilities.

On September 30 of the same year, at the above (name omitted) power plant around 08:0, Defendant 1 refused to provide all services to the above non-indicted 7, sent facsimile to attend the front wave business, and Defendant 2 sent the above contents by Defendant 1’s order to attend the strike. Accordingly, the above non-indicted 7 ordered the non-indicted 8, etc. to attend the strike to maintain the above (name omitted) power plant boiler 4 and the above non-indicted 8, etc. at the same time without the consent of the Corporation, which is the business owner at around 08:30, the above non-indicted 8, etc. to leave the above (name omitted), the above non-indicted 1’s office’s normal supply of integrated energy power plant facilities, including the name of the above non-indicted 4, and the name of the labor union members at the same time, and the name of the non-indicted 1’s office at the same time without the consent of the Corporation, thereby obstructing the above non-indicted 1’s normal operation of the above facility.

2. According to the orders of Nonindicted 9 from the head of the Seo-gu Regional Headquarters of the above Corporation, the work group comprised of all the union members was engaged in the formation, repair supervision, and safety management for repairing (name omitted), power plants, boilers, etc. from September 29, 2001 to October 3 of the same year. On October 4 of the same year, the work group composed of all the union members was engaged in the work, repair supervision, and safety management. However, the above labor union (name omitted) branch and 90 union members were conspired to work normally after the end of the drilling leave.

From October 29 to April 10, 200 to April 10:20 of the same year, as above, the company neglected to perform its duties of repair and inspection of power generation facilities by collectively farming in the strike-out type, holding cultural festivals, and the youth hostel. On October 4 of the same year, the company did not work normally on October 4 of the same year, thereby incurring approximately KRW 2.8 billion loss to the above Corporation. (Name omitted), such as electric power plant, such as power plant, boiler, etc., power generators such as power plant safety protection facilities, boiler, fire-fighting water supply facilities, etc., water supply facilities for plants, compresseds into plants, and air supply facilities for instruments, and interferes with the normal maintenance and operation of the above company's business by force at the same time.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. A copy of each protocol of investigation of the police against Nonindicted 5, Nonindicted 4, Nonindicted 30, Nonindicted 31, Nonindicted 6, Nonindicted 11, Nonindicted 12, Nonindicted 13, Nonindicted 14, Nonindicted 15, Nonindicted 16, Nonindicted 17, Nonindicted 18, Nonindicted 19, Nonindicted 20, Nonindicted 21, Nonindicted 22, Nonindicted 23, Nonindicted 24, Nonindicted 25, Nonindicted 26, Nonindicted 7, Nonindicted 27, Nonindicted 28, Nonindicted 29, Nonindicted 30, Nonindicted 31, Nonindicted 32, Nonindicted 33, Nonindicted 34, Nonindicted 35, Nonindicted 36, Nonindicted 37, Nonindicted 38, Nonindicted 39, Nonindicted 40, Nonindicted 41, Nonindicted 42, and Nonindicted 43

1. Each prosecutorial statement concerning Nonindicted 9 and Nonindicted 44

1. Nonindicted 45, Nonindicted 3, Nonindicted 47, Nonindicted 10, Nonindicted 10, Nonindicted 10, Nonindicted 148, Nonindicted 10, Nonindicted 15, Nonindicted 10, Nonindicted 10, Nonindicted 14, Nonindicted 50, Nonindicted 51, Nonindicted 53, Nonindicted 56, Nonindicted 57, Nonindicted 58, Nonindicted 59, Nonindicted 61, Nonindicted 62, Nonindicted 64, Nonindicted 65, Nonindicted 67, Nonindicted 68, Nonindicted 69, Nonindicted 70, Nonindicted 10, Nonindicted 10, Nonindicted 10, Nonindicted 10, Nonindicted 10, Nonindicted 10, Nonindicted 10, Nonindicted 50, Nonindicted 10, Nonindicted 10, Nonindicted 10, Nonindicted 10, Nonindicted 75, Nonindicted 76, Nonindicted 78, Nonindicted 79, Nonindicted 81, Nonindicted 83, Nonindicted 84, Nonindicted 89, Nonindicted 986, Nonindicted 89, etc.

1. Each written statement of Nonindicted 25, Nonindicted 72, Nonindicted 84, Nonindicted 85, Nonindicted 86, Nonindicted 87, Nonindicted 88, and Nonindicted 89

1. The notification of a copy of the report of industrial action filed in the investigation records on industrial action, a plan to support workers for the duration of the drilling 2001, a work protocol in remuneration, the minutes of the fifth main cooperation in 200, the minutes of the collective agreement in the year 2000, the group of the associations in the year 200 and the records of the 2001 association, the collective energy business license, the general strike guidelines and the collective energy business license, the inquiry meeting, the notice of restriction on and notice of industrial action, the copies of the strike, the copies of the strike, the copies of the strike party agenda, the current demand for steam power plants in the mountain, the current situation of the demand for power plants, the installation suspension of electric power plants and the operation plan (Article 50, 130, 132, 185, 192, 229, 223 through 239, 1196, 117, 193, 153 pages of the Act);

Application of Statutes

1. Article applicable to criminal facts;

Each Integrated Energy Supply Act Article 54(3) and (2) of the same Act, Article 30 of the Criminal Act (Interference with the supply of integrated energy by the defendants), Article 314(1) and Article 30 of the Criminal Act (Interference with each service by the defendants), Article 91 subparag. 1 and Article 42(2) of the Labor Union and Labor Relations Adjustment Act, Article 91 subparag. 1 and Article 42(2) of the Criminal Act (Interference with

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crime of violating the Integrated Energy Supply Act and the crime of interference with business referred to in paragraph (1) shall be imposed, and the punishment prescribed for the crime of interference with business between the crime of violating the Labor Union and Labor Relations Adjustment Act and the crime of interference with business referred

1. Aggravation of concurrent law;

Article 37 (Aggravation of Concurrent Punishment for Offenses of Integrated Energy Supply Act, Articles 38(1)2 and 50 (Aggravation of Concurrent Punishment for Crimes of Violating Integrated Energy Supply Act)

1. Calculation of days of detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Name omitted) (In the course of dispute over the rights and interests of workers, such as separate sale of power plants, succession to employment, etc. in accordance with the direction of privatization, in which the Defendant had been employed, the instant crime was committed was committed; taking into account the fact that the Defendant was already subject to heavy disciplinary action on dismissal)

Judges Ansan-gu

arrow