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서울남부지방법원 2016.06.23 2015고정139

노동조합및노동관계조정법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the head of the branch office of the Seoul Regional Headquarters of the Korean Railroad Workers' Union, the interest of the workers of the business office E located in Seoul D.

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.

2. Determination

(a) The term "act of dispute" in Article 2 subparagraph 6 of the Trade Union and Labor Relations Adjustment Act means any act of dispute, such as strike, occupation, closure of a workplace, and other acts of opposing the parties to labor relations with a view to accomplishing their claims, and which interfere with the normal operation of the business;

Article 42-2 (2) of the same Act provides that the act of suspending, discontinuing, or obstructing the legitimate maintenance and operation of essential business prescribed by the Enforcement Decree of the same Act shall not be performed as an act of dispute.

In addition, considering that the legislative purpose of Article 42-2(2) of the Trade Union and Labor Relations Adjustment Act is to protect human life and body safety and that the above provision is an element of crime, there was an act of suspending, discontinuing, or obstructing the legitimate maintenance and operation of essential business.

even in advance.