The costs of appeal are assessed against the defendant.

An employer’s lock-out under Article 46 of the Trade Union and Labor Relations Adjustment Act may be acknowledged as a legitimate industrial action by the employer only when there exists reasonable nature as a defense means for industrial action, in light of the specific circumstances, such as the negotiating attitude and process by the employer and workers, the purpose and method of industrial action by workers, and the degree of shock received by the employer due to such act. In cases where the lock-out is not deemed a legitimate industrial action, the employer cannot be exempted from the obligation

(2) On May 26, 200, the lower court determined that the Plaintiff’s employees, etc., including the Plaintiff, etc., were aware of the fact that the instant industrial action did not take part in the lock-out process under the statute, including the instant industrial action, on the following grounds: (a) the Defendant’s employees, etc., refused to take part in the lock-out process (hereinafter “the instant industrial action”); (b) on March 20, 2012, the Defendant’s employees, etc., refused to take part in the lock-out process (hereinafter “the instant industrial action”); and (c) on March 19, 2012, the Defendant’s employees, etc., refused to take part in the lock-out process (hereinafter “the instant lock-out process”); and (d) on March 20, 2012, the Defendant’s employees, etc., refused to take part in the lock-out process, including the instant industrial action.