The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal cannot be seen as legitimate activities of a trade union and a labor union based on the Trade Union and Labor Relations Adjustment Act, and the factory of this case can be found guilty in the facts charged in light of the following: (a) considering the fact that the defendant's on-site tour during working hours of factory workers is engaged in work by using machines that drive down on the left and right, and the defendant is travelling along by using the passage through which the defendant wants to tour, the victim C seems to have reasonable regulations based on the facility management authority; and (b) the defendant's act of violence cannot be justified by the union activities.

However, the lower court rendered a judgment not guilty on the Defendant. In so doing, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

2. Determination

A. Article 1 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Union Act”) provides that “The purpose of this Act is to maintain and improve the working conditions and enhance the economic and social status of workers by guaranteeing the workers’ right to organize, collective bargaining, and collective action pursuant to the Constitution, and to contribute to the maintenance of industrial peace and the development of national economy by preventing and resolving labor disputes through fair adjustment of labor relations.

“......”

The term "trade union" in the main sentence of Article 2 subparagraph 4 of the Labor Union Act means an organization or an associated organization of workers, which is organized by a person to become the principal agent of labor and to maintain and improve the working conditions and to promote the improvement of the economic and social status of workers.

“......”

Article 4 of the Labor Union Act provides that Article 20 of the Criminal Act shall apply to the acts of collective bargaining and dispute and other acts conducted by trade unions to achieve the purpose of Article 1.

(b).