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(영문) 울산지방법원 2018.01.19 2017고정1231
집회및시위에관한법률위반
Text

Defendant

B shall be punished by a fine of 50,000 won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is the head of the organization of the Democratic Nowon-gu branch of the Labor Union (hereinafter referred to as the "Labor Union") and Defendant B is the representative of the Trade Union.

Defendants were working in E Co., Ltd., each D Co., Ltd., and were in office due to the closure of E Co., Ltd. around April 2017.

Since then, the Defendants did not succeed to employment as other partner companies, and they did not succeed to employment due to their status as a member of the labor union. In order to promote high-quality farming as well as high-quality farming.

A person who intends to hold an outdoor assembly or demonstration shall submit a report stating the purpose, date, time, place, etc. of the outdoor assembly or demonstration to the head of the competent police station from 720 hours to 48 hours before the commencement of the outdoor assembly or demonstration.

Nevertheless, the Defendants conspired with the head of the competent police station from F0:0 to G 14:00, without reporting to the head of the competent police station, and opened an outdoor assembly in such a way as to put up two placards with the letter "Guarantee of Fundamental Rights to Elimination of Non-regular Workers," "Guarantee of Fundamental Rights to Elimination of Non-regular Workers," and "Suspension of Large-Scale Restructuring, etc.," indicating two placards with the letter "Suspension of Restructuring" on the ground that the bridge inspection facilities consisting of the steel structure of the lower part of the steel structure of the Plsan Plsan-gu, Ulsan-gu, Ulsan-do, the head of the competent police station located in the middle-gu, Ulsan-do, U.S., the head of the competent police station from 05:0 to 14:00.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on site photographs;

1. Defendants: Article 22(2) and Article 6(1) of the Assembly and Demonstration Act, Article 30 of the Criminal Act (Selection of Penalty)

1. Defendant A to be suspended from sentence: Fines of 700,000 won;

1. Defendants detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (Defendant A: KRW 100,000 per day);

1. Defendant A of suspended sentence: Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 2009).

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