Whether an act of participating in an industrial action constitutes an act of intervention by a third party under the Labor Dispute Mediation Act by delivering encouragement money upon request by a trade union that has already participated in an industrial action, singing by a strikeee, etc. and raising relief (affirmative)

Article 13-2 of the Labor Dispute Mediation Act provides that "an act of intervention by the parties concerned in an industrial action for the purpose of conciliation, instigates, interference with, or other influence on, the parties concerned in an industrial action" includes not only the act of causing industrial action by mediating, inciting, or unlawfully changing the parties concerned, or the act of intervention in an industrial action upon the request of a trade union involved in a lawful industrial action, but also the act of intervention for the purpose of conciliation, inciting, instigating, interfering with, or affecting the parties concerned by participating in the industrial action upon the request of the trade union involved in the industrial action. Thus, the defendant's participation in an industrial action by attending the industrial action at the site of an industrial dispute upon the request of the trade union of a company which has not established a labor relation, and delivering the encouragement money to the union members, singing such as the strike workers, etc., and raising the relief of wage-based industrial disputes, constitutes an

Article 13-2 of the Trade Dispute Mediation Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Gyeong-soo et al., Counsel for plaintiff-appellant-appellee)

Defendant

Defendant

Attorneys Yoon Jong-sung et al., Counsel for the defendant

Seoul Criminal Court Decision 90No5082 delivered on October 12, 1990

The appeal is dismissed.

The number of days of detention included in the imprisonment by a judgment of the first and second instances after the appeal shall be included in the calculation of the remaining days after deducting the number of days of detention included in the imprisonment from the original sentence.

We examine the grounds of appeal.

Article 13-2 of the Labor Dispute Mediation Act provides that "an act of participating parties in an industrial action for the purpose of coordinating, instigating, interfering with, or influencing the parties to the industrial action" includes not only cases where an act of causing industrial action by coordinating, inciting, or inciting the parties to the industrial action, or an act of unfairly changing the legitimate industrial action, such as a theory of litigation, but also cases where an act of participating in industrial action by participating in the industrial action upon the request of the trade union concerned and participating for the purpose of coordinating, instigating, interfering with, or affecting the parties concerned. Thus, it shall be interpreted that an act of participating in the industrial action by participating in the industrial action by participating in the industrial action upon the request of the trade union concerned and by participating in the industrial action at the site upon the request of each trade union concerned at the site of each industrial dispute of the company in which the defendant did not have a labor relation, such as the time of original adjudication, and delivering the amount of encouragement to the union members, along with it, singing with the parties to the industrial action, etc., and by creating relief such as wage dispute

Therefore, the appeal is dismissed and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Park Yong-dong (Presiding Justice)