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The judgment below
Defendant A, B, C, D, E, F, G, H, J, K, N, P, Q, R, T, T, U, and V from November 5, 2009 to Nov. 5, 2009.
Reasons
1. Of the facts charged in this case, the court of first instance acquitted Defendant A and C on June 24, 2009, as to the obstruction of business on September 8, 2009 to Defendant A, C, D, and E, as to the obstruction of business on September 16, 2009 to Defendant A, B, C, F, G, H, I, J, J, and K, the court of first instance acquitted each of the facts charged in this case. Although the prosecutor appealed for appeal, each of them was dismissed and the judgment became final and conclusive, the remaining parts except this constitute the scope of the judgment of this court.
2. The summary of the grounds for appeal (the assertion of mistake of facts and misapprehension of legal principles by prosecutor) as to obstruction of business from November 5, 2009 to November 7, 2009 among the facts charged in the instant case and obstruction of business from November 26, 2009 to December 3, 2009, each industrial action lacks the requirement of “justifiableness of the purpose” as it was conducted to carry out business matters concerning the promotion of public enterprises, such as withdrawal of full number of 5,115, such as withdrawal of full number according to the government’s advance plan, and withdrawal of full number of 5,115, such as withdrawal of full number of employees, etc. in line with the schedule of the joint strike headquarters.
Nevertheless, the lower court found the Defendants not guilty of the facts charged, or erred by misapprehending the legal principles on justifiable acts, thereby adversely affecting the conclusion of the judgment.
3. Summary of the facts charged
A. Defendant A, B, C, D, E, F, G, H, J, K, N, P, P, Q, R, R, T, U, and V from November 5, 2009 to November 7, 2009 (hereinafter “railroad labor union”) held an extended dispute response committee on October 29, 2009 at the office of the Korea Railroad Workers’ Union (hereinafter “railroad labor union”) and decided to “on November 5, 2009, the area outside the Seoul metropolitan area, the regional strike in the Seoul metropolitan area on November 6, 200, and the front strike from November 14, 2009 to November 22, 209.” The Central Countermeasures Committee under the name of the Central Countermeasures Committee on October 31, 2009.