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(영문) 수원지방법원 2016.08.04 2015노36
업무방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The Defendants’ act, as indicated in the facts charged in the instant case, is an act of interference with the F’s duties, and the illegality is not dismissed as it lacks procedural legitimacy and legitimacy of means and methods.

Therefore, the judgment of the court below that the defendants' act constitutes legitimate act and acquitted the defendants is erroneous in the misapprehension of facts and legal principles.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts are acknowledged.

1) On July 1, 2007, Defendant A entered a P Co., Ltd. (hereinafter “F”) with the F Co., Ltd. around July 1, 2008, and around June 1, 2008, Defendant C had been working in the FIU (hereinafter “F”) from that time after entering the P Co., Ltd. (hereinafter “F”). Defendant D had been working in the FIUP, a collaborative company in FIU, from that time on January 3, 2009.

2) The National Metal Trade Union (hereinafter “MMMM”) is a separate trade union and has F branches, etc. under its control, and the said F branches are composed of the employees belonging to the chemical plant, etc. The said F branches are comprised of about 1,800 workers belonging to the chemical plant cooperation companies (hereinafter “the headquarters of the Ministry of Trade, Industry and Energy within the chemical plant”) and there exists the headquarters of the Ministry of Trade, Industry and Energy consisting of about 30 employees belonging to the chemical plant cooperation companies (hereinafter “the headquarters of the Ministry of Trade, Industry and Energy within the chemical branch”).

The right to negotiate with an organization under the metal labor union shall be a metal labor union, and the Chairperson may organize a negotiating committee within the bargaining unit of its affiliated organization and delegate the right to negotiate.

3) The Council for the Users of the Metal Industry, an incorporated association, is an employers’ association established to conduct central negotiations by metal labor and acids.

4) On June 20, 2013, metal labor unions filed an application for mediation of a metal labor dispute with the National Labor Relations Commission. The content of the written request for mediation is “metallic labor union” on March 5, 2013.

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