The meaning of "collective action for labor campaign or for activities other than official duties" prohibited by Article 58 (1) of the Local Public Officials Act

Article 58 (1) of the Local Public Officials Act

Supreme Court Decision 2004Do5035 Decided October 15, 2004 (Gong2004Ha, 1904) Supreme Court Decision 2005Do6923 Decided August 24, 2006, Supreme Court Decision 2006Du1691 Decided April 13, 2007

Defendant

Defendant

Attorney Shin Young-hoon

Gwangju District Court Decision 2007No1742 Decided November 30, 2007

The appeal is dismissed.

The grounds of appeal are examined.

Article 58(1) of the Local Public Officials Act does not mean any collective act conducted by public officials for any work other than public duties, but rather means any collective act that affects the public interest by comprehensively taking into account the legislative purport of Article 21(1) of the Constitution guaranteeing the freedom of speech, publication, assembly, and association, the duty of good faith and duty of care under the Local Public Officials Act, etc. (see Supreme Court Decision 2004Do5035, Oct. 15, 2004). Meanwhile, “act that does not violate the social rules” under Article 20 of the Criminal Act refers to an act that can be accepted in light of the overall spirit of legal order or surrounding it, or social ethics or social norms, and whether certain act constitutes legitimate act that does not violate social rules, and thus, it should be reasonably considered whether the act is unlawful as a justifiable act that does not violate social rules, and the act should be determined on a reasonable basis by taking into account the motive of the act or its purpose other than the method of protecting the interests of a political party or its purpose (see Supreme Court Decision 2000Da360.

The court below held that the defendant's act of taking care of the "labor movement or other collective action for activities other than official duties" prohibited under Article 58 (1) of the Local Public Officials Act after holding a meeting of "The Korean Public Officials' Labor Union (hereinafter referred to as the "Special Labor Union"), which was held in collusion with 60 public officials belonging to the National Headquarters of the Korean Special Labor Union (hereinafter referred to as the "Special Labor Union"), jointly with social organizations, such as the Democratic Labor Union, for the purpose of gathering major labor union and preventing administrative vicarious execution, etc. in a plenary session. The court below held that the above decision of the court below is just in light of the above legal principles, and there is no error in the misapprehension of legal principles as to Article 58 (1) of the Local Public Officials' Labor Union Act, as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ran (Presiding Justice)