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(영문) 대구지방법원 2016.09.22 2015노4947
명예훼손
Text

The judgment below

Part concerning Defendant B, C, D, E, and F shall be reversed, respectively.

Defendant

B, C, D, E, and F respectively.

Reasons

1. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)

A. Legal principles 1) Although the Defendants used the expressions such as “the deviation of ordinary wages” and “abdomination of labor union” at the time of the instant case, this is merely a mere expression of opinion, not a statement of fact (hereinafter “the Defendants’ assertion of misunderstanding of legal principles 1”). In addition, even if the Defendants publicly alleged the facts, the instant company actually engaged in unfair labor practices in the past, and took into account the circumstances in which multiple labor union was established immediately after the implementation of multiple labor union and only an organization unilaterally favorable to the instant company, the Defendants expressed false facts.

A. The Defendants indicated true facts as above, and this constitutes solely a case for the public interest, and thus the illegality is excluded (hereinafter “misunderstanding of the third legal doctrine”). B. The punishment against the Defendants of the lower court’s unfair sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. misunderstanding the legal principles 1) The Defendants of the instant facts charged act as members of the subdivision I of the Daegu Branch of the Korean Democratic Trade Union (hereinafter “MMMMM”) which is the interest of the members of the I Co., Ltd. (hereinafter “I”), and Defendant A acts as the representatives of the subdivision A, the head of the organization of Defendant B, the head of the organization of Defendant C, the representative of Defendant D, the head of the Nowon-gu Trade Union, and Defendant F.

At around March 2014, I concluded an agreement on wages and ordinary wages of the I Trade Union, a representative bargaining trade union (or a trade union organized by an individual company, not an industrial trade union, as one of multiple trade unions), which is composed of a majority of union members, and which is a legitimate trade union.

Nevertheless, the Defendants, who are dissatisfied with the above wage and collective agreements, are in favor of the victim J of the International Representative Director.

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