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(영문) 서울남부지방법원 2017.10.20 2017고정1188
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a member of a trade union B (hereinafter referred to as “B”).

On January 26, 2016, the government passed a resolution on the amendment of the Act of the State Public Officials, the main contents of which are the expansion of the performance-based salary system and the withdrawal of low-quality tasks at the State Council. On March 7, 2016, the Personnel Innovation Agency decided to hold a briefing session prior to the National Assembly before the National Assembly through a meeting of the Standing Executive Committee and the Central Executive Committee.

No person shall hold any outdoor assembly or demonstration at a place within 100 meters from the boundary of the National Assembly building.

Nevertheless, around 14:00 on March 7, 2016, the Defendant gathered with approximately 30 members of B in front of the political party of the National Assembly of Yeongdeungpo-gu, Seoul, in accordance with the intention of Yeongdeungpo-gu, Seoul, with approximately 1:30 of the members of B in front of the political party of the first National Assembly, and refused to discriminate between B, i.e., the banner, “the number of the state public officials who perform the failure of public service society,” “the number of the state public officials who throw down the failure of public service,” “the number of the state public officials who throw down the failure of public service society,” “the number of the

Under the circumstances where the kicket, as stated, was put in a knicket, the relief was presented as follows: “disindipating a performance grade system and returning it to wages;” and “indipating a performance grade system.”

As a result, the defendant participated in an assembly held within 100 meters from the boundary of the National Assembly, which is the place where the assembly is prohibited, along with the above participants.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Reports on internal investigation (attaching photographs);

1. A report on internal investigation (Dissolution order and statement organization of participants in an assembly) (the assembly subject to guarantee and regulation under the Act on Assembly and Demonstration is under the purpose of expressing it externally through the formation of a common opinion by a specific or unspecified number of people;

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