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| TITLE | Supreme Court Decision 2015Do1927 Decided September 3, 2020 【Interference with Business; Refusal to Leave】 [full Text] |
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| Summary | |
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[1] In a case where industrial actions of workers affiliated with the contractor took place at the owner’s business site and consequentially infringed the owner’s legal interest protected under the Criminal Act, whether the unlawfulness of infringement of the legal interest is canceled out and deemed as a legally justifiable act in a relationship with the owner that is not the employer on the grounds that the pertinent industrial actions satisfied the lawfulness requirements in a relationship with the contractor, the employer (negative) In a case where a lawfully organized industrial action against the employer, the contractor, took place at the owner’s business site and thus violated the owner’s legal interest protected under the Criminal Act, the circumstance where the illegality therein is cancelled out as an “action which does not violate the social rules” in Article 20 of the Criminal Act, and the standards for determining whether any case falls within such circumstance [2] In a case where the employer hires or substitutes a person unrelated to the business concerned during the period of industrial actions to facilitate the performance of work that is interrupted because of the industrial actions, and if the employees who participated in the industrial actions used considerable force to stop the illegal substitution of labor, whether such use of force is a justifiable act that cancels out the unlawfulness therein (affirmative), and the method of determining whether the use of force to stop the illegal substitution of labor is an act acceptable in light of the generally accepted social ideas and can thus be considered a justifiable act |
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