Defendant

Kim Jong-seok

Attorney Kim Hyun-hoon

A defendant shall be punished by imprisonment for not more than ten months.

73 days of detention prior to the rendering of judgment shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

One copy of the seized pollbook and ten copies of the ballot paper shall be confiscated.

The Defendant is a local public official who is in charge of administrative data management in the Daegu Metropolitan City Dong-gu Office, and is the head of Dong-gu Office of the National Public Officials’ Union (hereinafter referred to as the “National Public Officials’ Union”). A public official is prohibited from engaging in any collective action for labor campaign or activities other than public services;

1. On October 15, 2002, taking office at the Head of Dong-gu, Daegu-gu Regional Headquarters of the Republic of Korea on March 20, 2004, and the Deputy Head of Dong-gu, Daegu-Seoul Regional Headquarters of the Republic of Korea on March 20, 2004, and after having taken office at the Head of Dong-gu, Daegu-gu Regional Headquarters of the Republic of Korea on March 20, 2004,

A. From 18:30 on March 30, 2004 to 20:30, at the general meeting of the Dong-dong branch of the Dong-dong branch of the Dong-dong branch of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, Non-Party 1 and Non-party 500 members of the major Labor

B. From Apr. 21, 2004 to Apr. 16:45, 2004, a group of activities for activities other than official duties, such as the improvement of labor conditions, the 7th task in the presence of approximately 200 persons, such as the above Nonindicted Party 1 and the second executive officers, and the labor union members, and the strike for the suppression and pulverization of public officials labor union, which were held at the performance hall of the Seo-gu Culture Center located in Seo-gu, Seo-gu, Seo-gu, Seo-gu.

2. A public official is likely to cause damage to the people at the expense of suspending administrative services and performing national functions as a servant of the entire people. In light of the government’s actions such as lock-outs in private enterprises, the right to collective action is restricted. However, in recognition of a public official’s labor union, the government has prepared a draft of the Public Officials’ Union Act guaranteeing the right to organize, collective bargaining, and the right to sign collective agreements, although the public official’s labor union prepares for the government, the public official’s labor union collects the strike fund from the major labor union while holding the strike fund for each branch of the branch of the branch of the branch of the company, and the public official’s labor union passes a resolution to go into the general labor union from November 15, 2004 through a strike-con

A. From September 2004 to October 30 of the same year, a group of activities other than official duties, such as collecting a total amount of KRW 740,000,000 won per person by punishing approximately 740 members of the Dong-dong branch office located in Dong-gu, Daegu from September 5, 2004, for a collective action for activities other than official duties, such as collecting a total amount of KRW 74,50,000,000 per person;

B. From October 17:00 to 18:00 on October 5, 2004, the above Dong-gu Office was the fourth floor competition room of the Dong-gu Office, and even though the Dong-gu Office rejected Non-Indicted 2 as working hours on the ground of the name of the Dong-gu Branch, the Dong-gu Office invited about 90 members of the Nowon-gu North Korean Branch Headquarters for Non-Indicted 2 as an instructor, and led Non-Indicted 2 as an instructor to force the illegality of the Special Act on Assistance in Public Officials' Labor and the problems of the public officials' pension, thereby collectively engaging in activities other

C. At around 17:10 on October 15, 2004, a person wishing to hold an outdoor assembly or demonstration at the Dong-gu Sod field plaza, and a person wishing to hold an outdoor assembly or demonstration shall submit a report stating the purpose, date, time, place, organizer, etc. to the chief of the competent police station 48 hours before the assembly is held. However, the chief of the competent police station shall submit a report on the assembly or demonstration to the chief of the competent police station without submitting a report on the assembly or demonstration to the chief of the competent police station, the chief of the major labor union, Nonindicted 3, 1, and 150 members of the Nowon-gu branch of the Dong-gu branch in the presence of approximately 150 members of the labor union, and the number of people shall be two years in the beginning of the Nowon-gu branch of the Nowon-gu branch. All labor workers may put in place with the belief alone. In the second half of the half of the year, they shall attend the assembly and make a collective assembly and conduct other than public duties.

D. On October 28, 2004, at the public service center of the Dong-gu Office, a notice was posted to the public service center of the Dong-gu Office stating that "it is defective in the middle time suspension of service" on the website of the Dong-gu Office's website by November 8, 2004, which read "it does not work during the middle time suspension of service" with approximately 30 members of the Nowon-gu Office attached each of the following name and the door of the public service center of the Dong-gu Office of Dong-gu Office of Dong-gu Office of Dong-gu, Dong-gu, Dong-gu in accordance with the guidelines of the major union's major union to take place for the interruption of the middle time suspension of service, and that "it does not work during the middle time suspension of service in the public service regulations of the public service center", and that the public service center shall engage in collective activities other than public services by preventing the entry of the civil petitioner by putting about 30 members of the Dong-gu office of Dong-gu, Dong-gu and the entrance of the public service center by distributing.

E. At around 12:00 on November 8, 2004, at the Dong-gu civil petition office of Dong-gu branch, there were about 10 members of the Nowon-gu's headquarters, regardless of whether the guidelines for the major labor union strike posted on the Dong-gu branch's website were gathered or not, as well as about 10 members of the Nowon-gu, in order to fill up business gap following the suspension of middle-time service of the union members, the head of the autonomous administration division, who directed civil petitioners, and Nonindicted 4, the head of the information and communication division, and Nonindicted 5, etc., of the information and communication division, who expressed their attitudes that "the same type of illness is an exaggeration." They interfere with the legitimate performance of public duties related to the ordinary affairs, such as the receipt and issuance of civil petition documents

F. On November 7, 2004, at the Dong-gu Branch Office of Dong-gu Office of Dong-gu, a letter on the Internet website, stating that, with respect to the major labor-management support voting, the major labor-management support voting shall be posted on the Internet website, the major labor-management labor-management chairperson Nonindicted 3's scamblance, and the office of Dong-gu and Dong-gu as well as the name-based labor-management union members around 10:0 on the 8th of the same month, the office of Dong-gu and Dong-gu as well as the name-based labor-management union members around 10:0 on the 10th of the same month, the union members shall actively participate in the labor-management support of the union members, and the labor-management members shall participate in the labor-management support of the union members on the 10th of the same month, and the labor-management members shall be engaged in the labor-management support of the union members on the 9th of the same month with approximately 600 ballot papers attached to the office of Dong-gu office.

G. On November 12, 2004, from around 10:00 to 10:55, Dong-gu office held a fluor card with ten members belonging to the Daegu North Korean Joint Countermeasures Committee for the Prevention of Corruption and Corruption of Public Officials' Labor Rights in order to participate in the general strike in accordance with the major labor union's guidelines, and held a fluor card with "the suspension of public officials' labor union pressure, the guarantee of three labor rights, and the reform of public service society" and "the position of being engaged in the general strike of public officials' labor union," and a fluorial conference declaring that the general strike will be taken into account in the unlimited total strike business on November 15, 2004, thereby collectively engaging in collective activities for any day other than public service.

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor’s protocol on Nonindicted 4, Nonindicted 7, Nonindicted 8, Nonindicted 5, and Nonindicted 9

1. The police statement on Nonindicted 10, Nonindicted 11, Nonindicted 12, Nonindicted 13, Nonindicted 14, Nonindicted 15, Nonindicted 16, Nonindicted 17, Nonindicted 18, Nonindicted 19, Nonindicted 20, Nonindicted 21, Nonindicted 22, and Nonindicted 24

1. A general meeting, the opening-type of the second executive branch, and an information status report attached to each investigation report;

1. The picture of the reporters' association per the end of Dong-gu and Dong-gu on November 12, 2004, the photo of the reporters' association, the reporter's association, and each information status report;

1. Posting a notice on the website of each Dong-gu branch office;

1. Seizure records;

Judgment on the Defense Counsel's argument

The defense counsel asserts that each of the above acts by the defendant is to be excluded from illegality by the act prohibited by the Local Public Officials Act or by the act that does not go against the social rules.

Article 58 (1) of the Local Public Officials Act provides that "no public official shall engage in any collective activity for any work other than a public official." The term "labor movement" prohibited in this context means the relationship between the Constitution and the State Public Officials Act, and the Constitution guarantees three labor rights separately from the freedom of assembly, association, and association, but only three labor rights are constitutional restrictions on public officials. The limited right to organize refers to the right to organize, collective bargaining, and collective action, which is an economic association organized by subordinate workers for the purpose of maintaining and improving working conditions, and the right to organize refers to the right to join and work for the employer, which is an economic association organized by subordinate workers for the purpose of maintaining and improving their working conditions, and the term "collective activity for any work other than a public official" refers to any collective activity conducted by public officials for any work that is not a public official, and it does not violate Article 21 (1) of the Constitution, the State Public Officials Act, the purpose of legislation of the Local Public Officials Act, the duty of good faith and duty of care under the Local Public Officials Act, and it does not violate the defendant's duty of care.

1. Article applicable to criminal facts;

Articles 82 and 58(1) (a) of the Local Public Officials Act, Articles 19(2) and 6(1) of the Assembly and Demonstration Act (a) of the Assembly and Demonstration Act, Articles 136(1) and 30 (a) of the Criminal Act, Articles 136(1) and 30 of the Criminal Act (a violation of the performance of official duties)

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Calculation of the number of detention days before sentencing;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Although the Defendant should have promoted a progressive improvement within a legitimate framework in order to promote the unity of the public official labor union or the extension of political fundamental rights, it cannot be deemed that the crime of this case was committed under the current legal order without disregarding the legality of the means to achieve the objective, and it cannot be deemed that the nature of the crime of this case is light. However, if the sentence of this case is finalized as is, the Defendant would be forced to retire from the office of the public official who has served for 10 years, and the execution of the sentence against the Defendant shall be postponed by taking into account all the circumstances revealed in the proceedings of this case.

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judges Kim So-young