The judgment of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal disputing night-time extension work and order of refusal of work on holidays, criminal facts should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). After finding facts as stated in its holding, the lower court determined that the Defendants were credibility in their respective statements, AD and AC, and further determined that in full view of the evidence as stated in its holding, the Defendants decided to refuse to engage in night-time extension work (hereinafter referred to as “cruel work”) and holiday work (hereinafter referred to as “special work”), and encourage members of the metal trade union South Korea branch (hereinafter referred to as the “K branch”) of the metal trade union to collectively refuse to engage in the remaining work and special work and encourage 48 members of the K branch to refuse to engage in the remaining work and special work in group from April 1, 2008 to June 4, 2008.

The argument in the grounds of appeal to the effect that Defendants’ remaining business and non-standing refusal orders is merely an error of the lower court’s judgment on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court.

In addition, the reasoning of the lower judgment is examined in light of the evidence duly admitted, and contrary to what is alleged in the grounds of appeal, the lower court erred in its judgment by misapprehending the legal doctrine on the degree of proof necessary for the recognition of criminal facts, or by failing to exhaust all necessary deliberations, contrary to logical and empirical rules.