2. The costs of the lawsuit are assessed against the defendant.

The following facts shall not be disputed between the parties, or may be acknowledged by taking into account the whole purport of pleadings in each entry in Gap evidence Nos. 1 and 2 (the same shall apply to the evidence Nos. 1 and 2):

A. On June 13, 2008, 81 workers, including the Nonparty, who are employees of the Korea Communications Standards Commission, submitted to the Defendant a report on the establishment of a trade union with the names of the Korea Communications Standards Commission as a trade union, 113 members, and the Nonparty, on the same day through an inaugural general meeting to establish a trade union in the form of a company-level trade union consisting of all workers working at the Korea Communications Standards Commission.

B. On July 11, 2008, the Defendant returned the Plaintiff’s report on the establishment of the above labor union (hereinafter “instant disposition”) in accordance with Article 5(2) of the Addenda of the Trade Union and Labor Relations Adjustment Act on the ground that the organization of the Korea Communications Standards Commission, which was organized by the Korea Communications Commission prior to the incorporation of the Korea Communications Standards Commission, overlaps with the previous labor union and its organization subject to multiple labor unions (hereinafter “the Trade Union Act”).

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Defendant refers to the branch of the Korea Broadcasting Commission of the National Press Trade Union, which is an industrial trade union, and the said branch cannot be deemed an independent organization because it does not have its own ability to conduct collective bargaining and sign collective agreements, and its organization differs from the Plaintiff Union and its organization. As such, the Plaintiff Union and the Korea Communications Standards Commission’s branch cannot be deemed to constitute a multiple labor union under Article 5(1) of the Addenda to the Trade Union Act. Therefore, the instant disposition made by the Defendant on the premise of its opposition is unlawful.

B. Relevant statutes

【Trade Union and Labor Relations Adjustment Act】

Article 1 (Purpose)

The purpose of this Act is to maintain and improve working conditions, improve the economic and social status of workers by guaranteeing the right to organize, collective bargaining, and collective action of workers as prescribed by the Constitution, and to contribute to the maintenance of industrial peace and the development of the national economy by preventing and resolving industrial disputes through the fair adjustment of labor relations.

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

4. The term "trade union" means an organization or associated organization thereof, which is organized by workers as their principal agents in voluntary and collective association for the purpose of maintaining and improving their working conditions and promoting the improvement of workers' economic and social status: Provided, That it shall not be deemed a trade union in any of the following cases:

(a) Where an employer or a person who acts on behalf of him/her at all times is allowed to participate therein;

(b) Where the principal part of the expenses is subsidized by the employer;

(c) Where the purpose is only mutual aid, salvage and other welfare business;

(d) Where joining a person other than a worker is permitted: Provided, That in case where the dismissed person has requested the Labor Relations Commission to remedy unfair labor practices, it shall not be interpreted as a person other than the worker until the Central Labor Relations Commission makes a decision on review;

(e) Where it aims mainly at a political movement;

Article 5 (Organization and Admission of Trade Union)

Workers shall be free to establish a trade union or to join it: Provided, That matters with respect to public officials or school teachers shall be prescribed by other Acts.

Article 10 (Report on Establishment of Trade Union)

(1) A person who intends to establish a trade union shall submit a report stating the following matters to the Minister of Labor; a unit trade union extending over two or more Special Metropolitan Cities, Metropolitan Cities, Dos, and Special Self-Governing Provinces; a unit trade union extending over two or more Sis/Guns/Gus (referring to an autonomous Gu); a Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor; and a other trade union to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply in Article 12 (1)).

1. Name;

2. Location of the principal office;

3. Number of partners.

4. Names and addresses of executives;

5. The name of an associated organization, if any;

6. In the case of a trade union which is an associated organization, the name, the number of union members, the location of the principal office and the names and addresses of union officers;

Article 12 (Issuance of Certificate of Report)

(1) When the Minister of Labor, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "administrative agency") receives a written establishment under Article 10 (1), he/she shall issue a certificate of report within three days except in cases falling under the former part

(3) Where a trade union that intends to establish falls under any of the following subparagraphs, an administrative agency shall return its establishment report:

1. Cases falling under any item of subparagraph 4 of Article 2;

Addenda

Article 5 (Transitional Measures concerning Establishment of Trade Unions)

(1) Where a trade union is organized in a business or workplace, a new trade union which shall be organized with the trade union shall not be established by December 31, 2009, notwithstanding the provisions of Article 5.

(2) Where a trade union that intends to establish violates paragraph (1), an administrative agency shall return its establishment report.

(3) The Minister of Labor shall devise methods, procedures and other necessary matters for the simplification of collective bargaining windows to be applied after the expiration of the period under paragraph (1) by December 31, 2009.

C. Facts of recognition

The following facts may be acknowledged in light of the purport of the whole pleadings in the descriptions of Gap evidence 3, Gap evidence 4-1, Eul evidence 4-2, and Eul evidence 4 through 20:

(1) The National Press Trade Union has a number of branches, including the Korea Communications Standards Commission branch, as a nationwide unit trade union whose target is nationwide workers engaged in the nationwide press industry and related businesses, and those dismissed in relation to union activities.

(2) The Korea Communications Commission’s branch was established in the form of a company-level trade union consisting of general workers of the Korea Broadcasting Commission established under the “Broadcast Act” and was incorporated into a branch of the Korea Broadcasting Commission under the Korea Broadcasting Commission through structural change. Since the Korea Communications Commission was established and implemented on February 29, 2008 under the Act on Promotion of Information and Communications Network Utilization and Utilization and Protection of Users, the portion of the broadcast deliberation was integrated into the Information and Communications Ethics Commission established under Article 18 and the Korea Broadcasting Commission established under the Broadcasting Act, and changed into the current name (Korea Communications Commission branch). Meanwhile, the Korea Communications Commission’s branch is an organization of general workers (limited to regular workers) who work for the Korea Communications Commission, and on November 10, 2008, is affiliated with 68 workers (55 regular workers + 13 full-time workers) who work for the Korea Communications Commission, who were affiliated with the Korea Communications Commission, as of February 29, 2008.

(3) According to the regulations of the National Press Union, a union may have its headquarters, branch or sub-branch under its control for smooth performance of affairs and efficient activities, and changes in the establishment of its headquarters, sub-branch or sub-branch due to increase or decrease of the number of union members shall undergo a resolution of the Central Executive Committee (Article 9); ② The headquarters, sub-branch or sub-branch shall report its activities and the settlement of accounts to the union once a year in the prescribed form (Article 10); ③ the union may separately establish and implement its branch operation rules in order to ensure the reasonable operation of its headquarters, sub-branch or sub-branch within the scope of the regulations; but the enactment and amendment of its operation rules shall be decided by the board of representatives of the relevant headquarters, sub-branch or sub-branch; the enactment and amendment of its operation rules shall be null and void; ④ the representative of all collective bargaining within the union shall be the chairperson with the consent of the Central Executive Committee; ④ the chairperson shall enter into a prior agreement with the chairperson, with the consent of the chairperson (Article 11).

(4) According to the regulations of the Korea Communications Standards Commission’s branch, the Korea Communications Standards Commission has established the regulations of its branch in accordance with Article 11 of the Regulations on the Korea Communications Union (Article 1); (2) as the basic unit of the Korea Communications Union, only the activities to be resolved with the limit of the members of the branch, such as the grievance settlement of the members of the branch and the activities related to a supplementary agreement (Article 5); and (3) the general meeting of the branch may only pass a resolution on the matters regarding the conclusion and amendment of the collective agreement and supplementary agreements delegated by the union (Article 12); and (4) the Korea Communications Standards Commission may convene the general meeting and the operating committee of the branch of the Korea Communications Standards Commission with the consent of the Central Executive Committee (Articles 10 and 13); and (4) the Korea Communications Commission has established a provisional collective agreement agreement with the general meeting after obtaining the approval of the chairperson (Article 27).

(5) The Chairman of the Korea Communications Standards Commission puts his signature and seal on a collective agreement (from 2001 collective agreement to 2007) concluded between the Korea Broadcasting Commission and its branch prior to the integration of Korea Broadcasting Commission from 2001 to 2007, supplementary agreement, and wage-related agreement, etc. as a representative of a trade union.

(d) Markets:

(1) Article 5 of the Trade Union Act provides that "workers may freely organize a trade union or join it." Article 5 (1) of the Addenda of the Trade Union Act provides that "No new trade union shall be established with the trade union until December 31, 2009, in cases where a trade union is established in a single business or workplace." This provision aims to prohibit the establishment of multiple trade unions in Korea where a company unit trade union in a business or workplace is mainly organized immediately in the industrial field of Korea where a company unit trade union in a business or workplace is established, from the time when necessary matters such as methods and procedures for the simplification of bargaining windows are devised." Thus, with respect to a trade union referred to in Article 5 (1) of the Addenda of the Trade Union Act, "where a trade union is organized in a single business or workplace, it refers to a case where a trade union is organized in a single business or workplace, i.e., a company with independent business or labor union's independent power to determine the working conditions, or an independent trade union's bylaws or branch of an industrial or workplace with 20 independent trade union members.

(2) As seen earlier, the Korea Communications Standards Commission’s branch, which is a nationwide unit industrial unit trade union, does not directly constitute a company-level trade union, and as a matter of principle, representatives of the branches and parties to a collective agreement shall be the chairperson of the Korea Communications Standards Commission pursuant to the rules of the Korea Press Trade Union and the regulations of the Korea Communications Standards Commission. However, only when delegated or approved prior approval, the chairperson of the branch may be the representative of the collective bargaining or parties to the collective agreement. The branch may only make decisions on certain matters such as the settlement of the members of the branch, the supplementary agreement, and the establishment and implementation of separate regulations of the branch, other than the rules of the union. However, considering the fact that the establishment and amendment of the regulations of the Korea Communications Standards Commission requires the approval of the chairperson of the union, and the part against the intent of the regulations of the union becomes null and void, it cannot be deemed as an independent trade union and a company-level trade union, which is an industrial unit trade union.

In light of the fact that the collective agreement between the Korea Broadcasting Commission and the Korea Communications Standards Commission were signed and sealed by the chairperson of a branch office as the representative of a trade union from 2001 to 2007, the Korea Communications Standards Commission's branch claims that the representative of all collective bargaining and collective agreement in the union including the branch office shall, in principle, be the chairperson of the union, in the rules of the Korea Communications Commission and the regulations of the Korea Communications Standards Commission, be the representative of all collective agreements in the union including the branch office, and the parties to the collective agreement shall be the chairperson of the union: Provided, That the chairperson of the branch office shall be the representative of the collective bargaining or the parties to the collective agreement in the case of the delegation or prior approval of the chairperson of the union. In addition, in light of the fact that the branch office may independently act with respect to certain matters limited to the branch office, such as the settlement of grievances of union members and supplementary agreements, the collective agreement from 201 to 207 and the supplementary agreements and agreements made by the chairperson of the union shall not be readily concluded solely on the ground that the chairperson of the collective agreement was signed.

(3) Therefore, the Korea Communications Standards Commission’s branch does not constitute “trade unions established in one business (the head)” under Article 5(1) of the Addenda to the Trade Union Act, and thus, the instant disposition that rejected the Plaintiff’s report on the establishment of trade unions on a different premise is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

Judge Jeong Ho-sung (Presiding Judge)