약정금
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. The main text of Article 81 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) prohibiting an employee from engaging in unfair labor practices (i.e., organizing or operating a trade union; (ii) providing wages to the full-time officer of a trade union; or (iii) providing operational expenses of a trade union to the full-time officer of a trade union; and (iv) under the proviso, “the act by which an employer permits an employee to engage in the activities under Article 24(4) during working hours; (iii) contributing funds for the prevention, relief, etc. of and for the employee’s welfare funds or economic inequality or other
The legislative purpose of which the above provision prohibits the employer from subsidizing the operating expenses of the trade union (hereinafter referred to as "operating expenses") is to prevent the trade union from dependent economicly on, or melting with, the employer and ensure the independence of the trade union.
However, Article 2 subparag. 4 of the Trade Union Act provides that a trade union refers to an organization or associated organization which is organized by workers on their own initiative for the purpose of maintaining and improving the working conditions and promoting the improvement of workers’ economic and social status by uniting independently, and that (b) does not regard the “case where the principal part of expenses is supported by the employer” as a trade union. In light of this, a trade union’s act of receiving subsidies from an employer may be deemed to be likely to undermine the autonomy of the trade union.
In addition, the main text of Article 81 subparagraph 4 of the Trade Union Act is "the act of subsidizing wages to the full-time officer of a trade union (hereinafter referred to as a "full-time officer") who was interpreted as one of the acts of assisting operating expenses (hereinafter referred to as "the act of subsidizing wages to the full-time officer of a trade union")."