All of the appeals by prosecutors are dismissed.

With respect to whether a strike, which is an act of dispute on the substance of the grounds for appeal, constitutes “power,” which is a constituent element of the obstruction of business, the term “power,” which is the main sign of “power,” ought to be determined based on not “the employer’s subjective perception or the possibility of de facto prediction,” but “the normative predictability,” which is the main sign of “power,” but “the possibility

Therefore, the illegality of the strike purpose or procedure, which is a normative element, should be considered in determining whether the strike is a strike.

Nevertheless, the lower court, in compliance with the instant strike order issued by the executive body of the National Railroad Union, including the instant strike Defendants, collectively refused to provide labor by 8,639 members belonging to the railroad union on December 9, 2013 through 09:00 on December 9, 2013 to 11:00 on December 31, 2013.

hereinafter the above collective refusal to provide labor is referred to as “instant strike”.

Without omitting the determination on the illegality of the procedure, the instant strike was determined on the basis of the probability of actual prediction and comparison for Korean Railroad Corporation, which is the employer.

In addition, even though it is clear that the real purpose of the instant strike is the “domination of the development plan for the railroad industry”, the lower court considered that the instant strike was “domination of the resolution by the board of directors for the establishment of the KTX corporation,” and considered the specificity of the railroad project, which is an essential public service project to be considered as an element of affirming the impact of the railroad project

Ultimately, the judgment of the court below which acquitted the Defendants on the charge of the violation of the Act by denying the “exploitity” of the strike of this case, which is sufficiently recognized as the “exploitity” due to a serious illegality in its purpose and

Judgment

The Supreme Court of Korea has collectively provided labor for the purpose of accomplishing his/her claim, one of the signs of "power".