The costs of appeal are assessed against the plaintiff.

1. In light of the contents of the complaint of this case and the written application for modification of the cause of the claim on February 20, 1989 and the judgment of the court below, the court below merely judged the purport of the plaintiff's claim, but did not judge any matters different from the purport of the plaintiff's claim like the theory of lawsuit. Thus

2. According to Article 15 of the Trade Union Act and Article 8 of the Enforcement Decree of the Trade Union Act, when an administrative agency receives a report of establishment of a trade union, it shall issue a certificate of report on establishment within three days, and it is not deemed that a trade union has been established even if there is no order to return or supplement the report within that period. Thus, an administrative agency may issue an order to supplement or return the report even after the expiration of that period. In addition, Article 16 of the Trade Union Act only provides that an administrative agency shall obtain a resolution of the Labor Relations Commission only if it orders the modification or supplement of the union's regulations, and it is not necessary for the Labor Relations Commission to demand the supplement of the report or return the report. Thus, the defendant's demand to supplement the report of establishment of a trade union on December 31, 1987 without the resolution of the Labor Relations Commission and made a disposition on February 29, 198, and thus, it cannot be said that it is unlawful. Therefore, the judgment below is justified and there is no error in the misapprehension of legal principles like litigation.

3. According to the reasoning of the judgment below, the court below held that the Korea Trade Union Federation can not take the Korea Trade Union Federation as its affiliated organization because it can not take the Korea Trade Union Federation as its affiliated organization in light of the fact that the Korea Trade Union Federation is members of an industrial and the Korea Trade Union Federation and the Korea Trade Union Federation of industrial units across a national scale, and that the Korea Trade Union Federation constitutes a trade union composed of various industries and industries, such as food and industry, and 36 employees in need of food, such as Seoul, Jeonju, Suwon, Sungnam, Incheon, etc., and that the Plaintiff Union cannot be viewed as a national industrial unit since it cannot be viewed as a national industrial unit in light of the admission area or the number of its members, etc.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won