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(영문) 광주지방법원 2012.07.17 2011고단4179
폭력행위등처벌에관한법률위반(공동퇴거불응)등
Text

Defendant

A Imprisonment with prison labor for one year, for eight months, for Defendant C and D, for one year and six months, respectively.

(b).

Reasons

Punishment of the crime

201 Highest 4179 (Defendant A and B's Crimes)

1. The Defendants’ status, the private side of the newly established labor union and the conflict between Defendant B are the chapters of the Fno-Seoul Branch (hereinafter “newly established labor union”) and Defendant A supported the newly established labor union activities as the chairman of the Fno-Seoul regional headquarters head office.

H (hereinafter referred to as “H”) had the International Labor Union J branch (hereinafter referred to as “existing Labor Union”) established on May 15, 1975, but concluded a wage organization negotiation with the company on July 1, 2010 whose main contents are wage ties with the company on July 1, 2010, some of its employees against this, thereby establishing a new labor union on July 5, 2010.

A newly established labor union has continuously requested the private sector to conduct collective bargaining after its establishment, but the private sector rejected it after receiving a reply from the Ministry of Employment and Labor that the newly established labor union constitutes a multiple labor union prohibited by law.

2. Criminal facts;

A. On October 18, 2010, the Defendants committed the crime of interference with the Defendants’ joint criminal conduct (1) on the part of October 18, 2010, in the dry field in the Seo-gu L parking lot managed by KK on October 18, 2010, the Defendants placed a red color belt stating “fish scrap” with the names of several hundreds, namely, the Director General of Education and Publicity Bureau, N and New Labor Relations Council O, P, Q, R, and S, and the names of several hundreds, namely, “fish scrap,” and the Defendants obstructed the management of the terminal facilities of the victim K corporation, who is the facility manager of the bus terminal, by force by means of force.

(B) The Defendants committed the crime of October 19, 2010, at the bus terminal square of the above N and newly established labor union members from 09:45 to 10:20 on October 19, 2010, set up a red head belt stating that the above N and newly established labor union members (O, P, Q, R, and S, etc.) are “bold metal” and interfered with the management of terminal facilities of the victim K-based corporation, who is the facility manager of the bus, by force, by means of force, of a large number of reliefs “such as fish union booms, booming, biffing capital,” etc.

(ii).

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