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TITLE | [Violation of the Act on the Punishment of Violent Acts, etc. (Nighttime, Group, Deadly Weapon, etc., Confinement)]Supreme Court Decision 2005Do890 Delivered on May 12, 2005 [full Text] |
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Summary | |
[1] Whether Article 62 Item 3 and Article 63 of the Labor Union and Labor Relations Adjustment Act which prohibit industrial actions during the period of ex-officio arbitration violate the constitutional principle against excessive restriction (negative) [2] The elements of the crime of violation of the Labor Union and Labor Relations Adjustment Act punishable on the ground of industrial action in the essential public-service business during the period of prohibition of an industrial action [3] The case reversing the judgment of the court below which had convicted the defendant due to an industrial action prohibited during the period of ex-officio arbitration, on the ground that there was an incomplete hearing as to whether the decision to refer disputes to arbitration was unlawful |