In Article 5 of the Trade Union and Labor Relations Adjustment Act, “workers may freely organize a trade union or join it.” However, Article 5(1) of the Addenda (amended by Act No. 8158, Dec. 30, 2006) prohibits the establishment of multiple labor unions for a limited period of time by stipulating that “where a trade union is organized in one business or workplace, it shall not be established until December 31, 2009, notwithstanding the provisions of Article 5, if the trade union is established in one business or workplace.” The term “where a trade union is established in one business or workplace” under Article 5(1) of the Addenda is established, or only the branch or sub-branch of the primary business, industrial, industrial, and regional unit trade union is established with independent rules and bylaws, and it is merely an independent organization with independent authority to establish the relevant organization or its unique matters, and thus, it can be seen as a case where a new trade union or sub-branch of each business or regional trade union can not be seen as a case equivalent to the above provision of Article 2015(26).

According to the reasoning of the order of the court below and the records, although the Seoul Regional Facility Management Workers' Union has already been established which can be seen as being equivalent to the unit trade union of each company, the Songpa-gu Facility Management Corporation branch newly established by the creditor to the debtor to the Corporation does not have the ability to independently conduct collective bargaining, etc. because it does not have its own rules and enforcement agencies. Thus, according to the above legal principles, the establishment of the creditor's branch to the Corporation does not constitute the establishment of multiple labor unions prohibited

On the other hand, the court below held that the above branch of the Seoul District Facility Environmental Management Trade Union, which is equivalent to the unit trade union of a company-level company, is a trade union established by the debtor to the Corporation, solely on the ground that the branch of the Seoul District Facility Management Trade Union is already established by the debtor's company-level company-level company-level company-level company-level company-based company-based company-based company-based company-based company-based company-based company

Therefore, without examining the remaining grounds for reappeal, the order of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Sung-tae (Presiding Justice)