Defendant

All appeals filed against the Defendant C, D, E, G, and J by the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As long as Defendant A, B, and C (1) and Defendant A (2012Da3612) are notified in advance to the victim company in advance, the strike in this case is not conducted in advance at an unforeseeable time. In light of the victim company’s business size and the time and extent of the strike in this case, it cannot be deemed that serious confusion or enormous damage was inflicted on the victim company. In light of the Labor Standards Act and the purport of the collective agreement, the refusal of overtime work cannot be deemed unlawful, and thus, the crime of interference with business is not established. As long as there is unconstitutional existence under Article 91 of the Trade Union and Labor Relations Adjustment Act, punishment against the Defendants is unfair and there is no application of the Trade Union and Labor Relations Adjustment Act in the event of refusal of overtime work. Accordingly, the court below erred by misapprehending the legal principles that found the Defendants guilty of this part of the charges, which affected the conclusion

(B) Defendant C (2012 high-income group 3895(1)) members of the non-regular branch are entitled to apply for unfair dismissal against the victim company with the status of workers of the victim company, and have access to the workplace. The victim security guards’ access control duties are not worth protecting, and the defendant’s act to resist this is a legitimate act. However, the judgment of the court below convicting the Defendant of this part of the charges by misapprehending the legal principles, which affected the conclusion of the judgment.

(C) The security guards of the victim company C (2012 high-income group 3895(3)) interfere with unfairly assemblies, such as keeping the non-regular branch members who had already entered the factory, etc., and thus, they cannot be deemed as services worthy of protection. The Defendant fights on his body by setting up against the exercise of power by the security guards of the victim company.