사용자에 대하여 정당한 노동쟁의에 있어 병존적 관리․사용자인 제3자에 대한 주거침입죄의 성부

This case decided that the lawful labor dispute to the user of workers was intrusion upon habitation to the third party, the owner of the space. If we follow the this case, in the case of the lawful labor dispute to the owner of the space, the worker of the owner must be thought that they committed intrusion upon habitation to the user of this case. This point of view can be thought the index, "Users, open the place of business with the third party". Generally, though the justice of the labor dispute is acknowledged, there won't be the business owner who likes it. Therefore, they hope to open the business space with another business owner together. However, according to my investigation upon this case, I couldn't exclude rational doubt about the completion of the object of intrusion upon habitation. Furthermore, the intrusion upon habitation of this case has to be permitted, owing to the structure of modern society like organism.