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(영문) 전주지방법원 군산지원 2015.12.21 2015고정324
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant participated in the construction site of the Saemangeum Energy Facilities OCI-Consolidated Power Complex from November 9, 201 to December 29, 201, and 60 staff members belonging to the Democratic Labor House in the section 80 meters on the right side of the construction site of the Saemangeum Energy Facilities OCI-Consolidated Power Complex, and was convened for the purpose of the "Resolution for Promotion of Employment of Local Workers and for the Conclusion of Collective Agreement".

The organizer of an assembly or demonstration shall not engage in any activity clearly deviating from the scope of the reported purpose, date, time, place, method, etc.

Nevertheless, at around 06:30 on November 27, 2014, the Defendant offered to dismiss 60 labor union members at the above site, and at around 07:45 on the same day, the Defendant instructed the labor union members to enter the construction site and not participate in the assembly, and to stop the operation of the companies such as IG, IG, two industry offices, and IG, and IG, which are located within the construction site 100 meters away from the place of the assembly reported to the above 60 union members, provided that the above 60 union members enter the office of OCI, two industry offices, and three IG offices within the construction site, or attempted to enter the construction site.

Accordingly, the Defendant committed an act clearly deviating from the scope of the reported purpose, place, method, etc.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A copy of the report for an outdoor assembly (report or proceeding), or materials showing information status (investigative records 43 pages);

1. Application of Acts and subordinate statutes of each photograph (investigative record 9-19 pages);

1. Article 22 (3) and Article 16 (4) 3 of the Act on the elective Assembly and Demonstration against Criminal Facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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