The Defendants are not guilty.

1. The summary of the facts charged is the chief vice-chairperson of the H Trade Union (hereinafter “H”); Defendant B is the chairman of the H Trade Union I Committee; Defendant C is the vice-chairperson of the H Trade Union I Committee; Defendant D is the H members; Defendant D is the H members; and Defendant E is the chairman of the H Trade Union J Committee.

From January 28, 2014, from around 14:00 to around Sejong Special Self-Governing City, Defendants were willing to enter the office building of the Ministry of Education for the purpose of demanding “K” with 800 members of H from the front 408 Ministry of Education, along with 14:0, the Defendants got off to the office building of the Ministry of Education for the purpose of fulfilling their requirements while participating in the assembly. From around 18:30, all participants of the assembly conducted candlelights and carried out the order keeping lines installed around the place of assembly.

From around 18:33 of the same day, the head of the Sejong Police Station guard and the head of the traffic division, who was in charge of the assembly management at the above location, warned the Defendants that they would be punished if they commit the order keeping line through the police broadcast vehicles, but the Defendants moved approximately three meters to the face of the Ministry of Education beyond the order keeping line in front of the aftermath of the above Ministry of Education.

As a result, the Defendants violated the order keeping line without any justifiable reason despite the police officer's warning.

2. Determination

A. The Defendants and the defense counsel asserted that the establishment of the order keeping line was unlawful since they were not notified of the establishment of the order keeping line as stated in the facts charged.

In this regard, I ambin.

B. Article 24 subparag. 3 of the Assembly and Demonstration Act provides that “a person who, notwithstanding a police officer’s warning, commits a crime of infringement of order set up pursuant to Article 13 for a considerable time without justifiable grounds, or damages, conceals, moves, removes, or otherwise impairs the utility thereof.” Article 13(1) of the same Act provides that “The head of the competent police authority who has received the report pursuant to Article 6(1) shall set the minimum limit, if deemed necessary to protect the assembly and demonstration and to maintain public order.”