A. The Defendant is a company that employs 450 full-time workers and operates urban bus transportation business (hereinafter “Defendant company”). The Plaintiff is a trade union consisting of 24 bus drivers (hereinafter “Plaintiff union”), an employee of the Defendant company, and is affiliated with the Daegu-do bus service branch of the Korea Public Transport Workers’ Union Daegu-gu (hereinafter “Plaintiff union”). Korea Co., Ltd. and the Korea Coast Guard Trade Union is a company-level trade union consisting of 369 members, which is a bus drivers (hereinafter “non-party trade union”).

B. On April 9, 2018, the Defendant Company and the non-party union drafted a separate agreement (hereinafter “instant separate agreement”) at the labor-management council in the first quarter of 2018, and the details are as follows.

1. The retirement age shall be extended by one year from June 1, 2018 to 61 years;

2. From July 2018, it may employ a commissioned position within seven percent of the total number of drivers.

- A commissioned engineer shall be assigned as a preliminary engineer.

Provided, That the working day shall be the full-time working day.

- The employment of commissioned workers is limited to those of our retirement.

- Wages shall be base zero salary class.

- the employment period shall be one year and may be extended.

4. It shall be deemed that the matters above are automatically renewed only to transport employees under the collective agreement and rules of employment; and

C. The part related to this case among the contents of the collective agreement concluded between the defendant company and the non-party union as the representative of workers (hereinafter “instant collective agreement”), and the rules of the non-party union (hereinafter “instant rules”), is as follows.

Article 16 (Resolution by General Meeting) (1) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) (hereinafter “Trade Union Act”) shall undergo a resolution by the general meeting:

3. The members of a trade union under Article 22 (Rights and Duties of Members) of the Collective Agreement shall be equal to those of the trade union;