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(영문) 서울중앙지방법원 2015.11.04 2015고단4708
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the organization in the Seoul and the Gyeonggi-do Southern Branch (hereinafter referred to as the "D Branch") which is an organization affiliated with the desired labor union D non-regular branch (hereinafter referred to as the "D Branch").

[Case-based background] D Branch was established around March 30, 2014 by a trade union consisting of 50 co-owners, etc. who signed an entrustment contract with D Co., Ltd. (hereinafter “D”) for the establishment and repair of Internet telecommunications networks, etc.

D Branch: (a) from October 21, 2014 to recognize the status of the general workers of the Korea Workers’ Federation (hereinafter “KK”) to whom the right to negotiate the 50 collaborative group was delegated by the above 50 collaborative companies; (b) and (c) from May 21, 2014 to implement the requirements, such as the direct participation in collective bargaining between wages and D, while conducting collective bargaining, developed a indefinite old-time old-age farming with the headquarters in the presence of the headquarters from October 21, 2014; (c) started up to the full strike from November 20, 2014; and (d) notified the demand for labor union aid, such as wages and fund contributions, and declared a final negotiation display on December 15, 2014.

On the other hand, the D branch's labor union members continuously demanded that they participate in collective bargaining D and decided to enter into the F building in which the F Group's affiliates will move into the F Group's affiliates, as the F Group's affiliates did not accept such a request, although they requested an interview with executives of F Group.

【Criminal Facts】

1. On January 6, 2015, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) entered the government office of Jongno-gu Seoul Metropolitan Government by closely attaching 600 union staff members of the N Group 1 floor federation of the F Group with the purpose of demanding an interview to the executive officers of the F Group's headquarters at around 09:00, and entered the government office of the F Group 4th floor through emergency stairs and elevators, with 21 union members to occupy the fourth floor of the same building occupied by the J, etc. operated by the denying chairperson I of the F Group H. In order to occupy the fourth floor of the F Group H, the Defendant, along with 21 union members, was carrying out the F Group H guard duty, with tight, L, and M, etc. to occupy the fourth floor of the same building.

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