Defendant 1 and one other

Prosecutor (as to the entirety of the defendants):

Yellow leaps, gambling leaves, public trial

Law Firm Inn, Attorneys Gyeong-soo et al. (a private ship for all the defendants)

Cheongju District Court Decision 2015Ma231 decided August 12, 2016

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

1. Summary of grounds for appeal;

As stated in the facts charged in the instant case, the Defendants’ act of entering the factory of the victim company does not constitute legitimate trade union activities. Nevertheless, the lower court erred by misapprehending the contents and validity of each collective agreement in 2010 and 2012, as well as the legitimacy of trade union activities, and by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

The lower court acquitted all the Defendants of the charges on the grounds of detailed circumstances as indicated in its holding.

Examining the record closely, Nonindicted Party 1’s union is neither an industrial associated organization nor an industrial associated organization, and Nonindicted Party 1’s union is merely a subordinate body of the Trade Union, not a unit trade union, but a subordinate body of Nonindicted Party 1’s union. As a matter of principle, the authority for collective bargaining, industrial action, etc. is the right of Nonindicted Party 1’s union under the Trade Union Act, not an industrial union. However, Nonindicted Party 1’s association can only be exercised upon delegation of its authority from Nonindicted Party 1’s union. Nevertheless, the lower court erred by misapprehending the legal doctrine as alleged by the Prosecutor. Nevertheless, the lower court’s determination on Nonindicted Party 1’s union as an industrial associated organization and as the unit trade union of Nonindicted Party 1’s union. However, even upon examining the reasoning of the lower court, the lower court’s determination is just and acceptable, and there is no error of mistake of facts

3. Conclusion

Therefore, since the appeal against the Defendants by the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Cho Jong-ok (Presiding Judge)