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(영문) 대전지방법원 2012.02.02 2011노263
업무방해 등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (defendants 1) ① Workers shall engage in overtime work at night (hereinafter “cruel work”).

) If it is difficult to start a business, he/she can freely leave his/her workplace, and the non-speak season did not conduct the remaining business, and the rules of employment stipulate that the consent of the members shall be obtained in order to engage in the remaining business, and thereby, K Co., Ltd. (hereinafter “K”).

A) The employer also investigated workers as to whether the worker remains on a daily basis. Such remaining work and holiday work (hereinafter referred to as “special work”).

(2) Defendant F, E, and G shall not be subject to criminal punishment, even if it is difficult to see that it was ordinarily made and customsized. (3) Defendant F, E, and G shall not be subject to criminal punishment.

No executive officer of a trade union shall be elected at an extraordinary general meeting for the establishment.

③ Around March 10, 2008, the Defendants held in-house shares in a company was not a general meeting of incorporation but a report on the establishment of the company.

④ As indicated in the facts charged in the instant case, the Defendants resolved to instruct union members to collectively refuse to engage in the remaining business and special circumstances, and ordered union members to refuse to engage in the remaining business and special circumstances, and there was no encouragement to encourage them. Rather, upon the establishment of the instant trade union, K merely did not provide union members with alternative human resources, such as Chinese workers, etc., and given union members an opportunity to engage in the remaining business and special circumstances.

⑤ On April 4, 2008, K sent to the instant trade union a letter of objection, “A request to prevent the recurrence of collective refusal of holiday work” and around April 11, 2008, “A request to prevent the recurrence of countermeasures against the refusal of overtime work and holiday work,” but the executives of the instant trade union are remaining in business or specialty.

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