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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (fact-finding) evidence, the Defendants, without voting under Article 41(1) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”), filed an industrial action to unilaterally refuse to provide labor by filing an application for annual leave without going through the voting and absence from work. Such Defendants’ act not only constitutes a violation of Article 91 of the Trade Union Act, but also constitutes the crime of interference with business against the victim company by causing serious confusion in the business operation of the victim company. However, the lower court erred by misapprehending facts, thereby having acquitted all of the facts charged.
2. Determination
A. The summary of the facts charged is as follows: (a) the Defendants are the members of the company engaged in the collection and transportation of recyclable garbage in K; (b) the members of the company engaged in the work at the limited company L, which is the sorting company; (c) Defendant A is the chief of the office of the National Association of Chemical Textiles Industry and Trade Union L branch; (d) Defendant B is the chief of the office of the same branch; (e) Defendant C is the chief of the office of the same branch; (e) Defendant C is the chief of the safety division of the same branch; (e) Defendant D’s director of the same branch of subdivision; (e) Defendant C’s public relations division; (e) Defendant F
In February 2014, the Korean Union of Chemical Textiles and Trade Union L branch of the Democratic Labor Union concluded a collective agreement and wage agreement with L limited companies with collective bargaining rights. However, other labor unions belonging to the Korea Labor Standards Corporation were established within the limited company L, and it was required from the mid- April 2015 to simplify collective bargaining by L companies from the mid-2015.
However, as the Defendants anticipated that the number of members of the labor union (the Democratic Labor Union) to which they belong is smaller than the number of members of other labor unions, they could not be selected as a representative bargaining labor union, the Defendants were able to apply for annual leave in a group around May 2015 and pressure the companies.
1. Where a representative bargaining trade union is determined, the procedures therefor.