A. Each sentence of the court below by the prosecutor (a fine of one million won for each of the defendants) is too unfilled and unfair.

B. (1) The Defendants (1) committed by misapprehending the legal principles on the A Trade Union (hereinafter “A”)’s correction order (hereinafter “instant correction order”) against Article 5 of the Addenda of the A Trade Union Regulations (amended on June 27, 1999; hereinafter “Annex 5”); Article 2 of the Act on the Establishment, Operation, etc. of Teachers’ Unions (hereinafter “School Labor Union Adjustment Act”) is unlawful; and Article 5 of the Addenda of the Act on the Establishment, Operation, etc. of Teachers’ Unions (hereinafter “School Labor Union Adjustment Act”) does not restrict or prohibit the membership of teachers’ union members, and Article 5 of the Addenda of the Act on the Establishment, Operation, etc. of Teachers’ Unions is not subject to the instant correction order; and even if Defendant B is not the subject of the A’s amendment, the lower court erred by misapprehending the duties of Defendant A, the representative of which was Defendant

(2) Each sentence of the lower court’s unreasonable sentencing is too unreasonable.

2. Determination:

A. (1) The application of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union and Labor Relations Adjustment Act”) is excluded in cases where there is a special provision on the determination of the Defendants’ assertion that the instant corrective order is unlawful. The issue of “worker” as a constituent body of a trade union under Article 2 subparag. 4 (d) of the Trade Union and Labor Relations Adjustment Act should be determined according to whether a company is employed by the pertinent company in the case of a company-level trade union, and it should be interpreted that, in the case of a primary-company trade union, such as a trade union by industry and type of occupation, for which a certain employer does not need a subordinate relationship, the actual employment should not be asked. However, Article 4(1) of the Trade Union and Labor Relations Adjustment Act does not recognize the establishment of a company-level trade union under the Trade Union and Labor Relations Adjustment Act and only a trade union can be established at a unit of Special Metropolitan