Union Chairperson Who 'Illegally Occupied' Broadcasting Room to Encourage Meeting Attendance... Supreme Court Recognizes Legitimacy

1st Trial "Must Not Violate Social Norms" → 2nd Trial "Cannot Be Seen as Justifiable Act"
Supreme Court "Strike Purpose Announced... Merely Incidental Acts for Preparation"

[Asia Economy Reporter Heo Kyung-jun] The Supreme Court has ruled that occupying the broadcasting room of the Korea Railroad Corporation and broadcasting without permission constitutes a 'justifiable act.'

The Supreme Court's 2nd Division (Presiding Justice Cheon Dae-yeop) overturned the lower court's ruling that sentenced former Korea Railroad Corporation union chairman Yoon Jeong-il to a fine of 1 million won for violating the Act on the Aggravated Punishment of Specific Crimes (joint trespassing) and obstruction of business, and sent the case back to the Daejeon District Court with a verdict of not guilty, the court announced on the 13th.

Former Chairman Yoon was prosecuted for entering the corporation's in-house broadcasting room on September 22, 2016, broadcasting to encourage union members to attend a union meeting, and locking the broadcasting room door to prevent management staff from entering, thereby obstructing business.

The trial focused on whether Yoon, a union executive, using the employer's broadcasting room to encourage union members to attend a union meeting constituted trespassing and obstruction of business.

The first trial court acquitted him, stating that "it was a justifiable act that did not violate social norms," but the appellate court sentenced him to a fine of 1 million won, ruling that it could not be considered a justifiable act.

However, the Supreme Court recognized the 'justification' despite the act meeting the elements of the crime. The court stated, "It was a subsidiary act to announce the purpose of a strike lawfully initiated with procedural requirements and to prepare for it," and judged that "the act, carried out by following a customary method conducted without compliance with procedural requirements, constitutes a justifiable act under criminal law."

This content was produced with the assistance of AI translation services.