The prosecutor's appeal is dismissed.

1. The judgment of the court below that acquitted the charged facts of this case is improper in light of the following grounds for appeal.

① The strike of this case is conducted for the purpose of urging the President who cannot be the subject of negotiations between labor and management, and is therefore justifiable.

② The instant strike was conducted on a full basis on a day after the strike was notified.

③ The amount of damages is reduced by 40% due to the instant strike, and the amount of damages therefrom is at least KRW 1130,000,000,000.

2. The lower court, on the grounds as indicated in its reasoning, proven that the instant strike was conducted on a brupt basis or caused enormous damage to the user solely based on the evidence submitted by the prosecutor, without any reasonable doubt.

It is difficult to see

The decision was determined.

Considering the circumstances cited by the lower court and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court was justifiable to have acquitted the facts charged of this case.

① As a matter of principle, the demand for withdrawal of the President, which is the main purpose of the instant strike, cannot be subject to collective bargaining, the instant strike cannot be recognized as justifiable for the purpose of the strike.

However, even if the act of dispute refuses to provide collective labor that is not justified, it is difficult to readily conclude that such circumstance alone constitutes “power” of interference with business affairs.

In other words, the strike was conducted at a time when the strike is unpredictable and a serious confusion or enormous damage to the business of the user has been threatened with the will of freedom in the business community.

(2) The National Metal Trade Union is a strike that demands the President to retire from its members from office from November 23, 2016 to November 24, 2016.