The prosecutor's appeal is dismissed.

1. In light of the purport of the grounds for appeal and the form prescribed under Article 42-2(2) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Union Act”), the general assembly of this case took place during working hours without the employer’s approval, and the discussion of countermeasures among union members does not necessarily necessarily take place in the form of a union’s general meeting, the general assembly of this case constitutes a dispute.

In addition, interference with the maintenance and operation of essential business by itself causes danger, and therefore interference with essential business under the Trade Union Act should be regarded as an abstract dangerous crime.

The judgment of the court below which acquitted the Defendant of the facts charged in this case on the premise different from this case is erroneous in the misapprehension of legal principles.

2. Determination

A. The summary of the facts charged is the head of the branch office of the Seoul Regional Headquarters E of the Korean Railroad Workers' Union, the interest of the workers of the business office E of the Korea Railroad Corporation in Seoul.

No one shall, when his/her business is suspended or discontinued from among the essential public-service businesses, engage in any act that may seriously endanger the safety of the lives, health, and body of the general public and the daily life of the general public, suspend, discontinue, or interfere with the legitimate maintenance and operation of the business.

Nevertheless, from around 09:30 on April 7, 2014 to 12:00 on the same day, the Defendant refused to conduct the daily inspection or maintenance of vehicles necessary for the safety operation, which is essential business of the said E business establishment, by holding a general assembly of the members of the said E branch, including about 180 members of the said E branch, including 35 employees engaged in essential maintenance business, at the above E restaurant of the said E branch from around 09:30 to around 18:00 on April 7, 2014.

Accordingly, the defendant suspended and obstructed the legitimate maintenance and operation of essential business.

B. The lower court’s determination is that the general assembly of this case provides conditions of service following compulsory transfer.