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(영문) 대전지방법원 2012.11.22 2012노523
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant is not a member of the G trade union, but merely a member of the G trade union to support the strike of the G trade union on May 19, 2011.

5. 24. 24. On the other hand, only two occasions of the strike did not actively intervene in the strike, and it does not constitute a co-principal with respect to the crime of interference with business against G.

B) The Defendant, at the time of the instant case, committed a mistake of facts against C Co., Ltd. (hereinafter “C”) at the time of the instant case’s interference with the business of November 17, 2010.

(B) There was no fact that there was no fact that C, claiming that it is a business that does not have protection value, puts substitute workers into work by manipulating the emergency stop location within an Agrain factory. (B) In other words, C’s act of having another worker work is governed by the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Relations Adjustment Act”).

(1) Article 43(1) of the Protection of Dispatched Workers Act (hereinafter “Dispatched Act”)

(2) The Defendant’s assertion of a justifiable act constitutes an act in violation of Article 16(1) and constitutes an anti-social act that renders an industrial action, which is the fundamental right of workers under the Constitution, a fundamental right of workers under the Constitution, and thus, does not constitute a duty worth protecting workers under the Criminal Act. The Defendant’s assertion of a justifiable act is deemed employment under the Dispatch Act and is in the position of workers C. The instant industrial action was conducted not only 10 days after the filing date of the application for mediation of labor disputes to the National Labor Relations Commission, but also through lawful procedures, such as going through cooperative votes, and the primary purpose of the instant industrial action is to maintain and improve working conditions by means of wages and employment stability. At the time of the instant action, the Defendant and E

Members of the cooperative are not making a tour of the workplace or waiting in the corridor with the appearance of relief, and they do not have a full exclusive use of production lines, and they are illegal in the above C.

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