쟁의행위에 대한 업무방해죄 적용 법리에 관한 검토
Critical review on the judicial principle of 'obstruction of business' applied to strike
도재형
초록
Section 314 of the Criminal Act(Penal Code) states that a person who interferes with economic or social activities of another by circulating false facts or by the threat of force, shall be punished. Obstruction of business applies in cases where workers collectively refuse to work, and the work which has been done by the participants to the industrial action is being stopped by collective and coercive means(the Criminal Act describes it as "threat of force"). Section 314 of the Criminal Act shall be in line with freedom of association principles so as to ensure that non-violent industrial action may not be penalized under this provision. With this view, it is advisable to delete the terms of "threat of force" in this provision or to make it appear that this provision not be applied to non-violent industrial action.