1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a trade union composed of assistant contributors who contribute to Drama, etc., and the Defendant is a corporation established for the purpose of broadcasting entertainment service business, etc.

B. On May 19, 2011, the Plaintiff and the Defendant (i) paid KRW 1.5 million to the Plaintiff on the 10th day of April 2011, as the development fund (welfare expenses). (ii) The development fund may be utilized as the operating expenses of the association (hereinafter “instant agreement”). The agreement was included in the supplementary agreement of the collective agreement concluded between the Plaintiff and the Defendant on June 21, 201.

C. According to the instant agreement, the Defendant paid the Plaintiff KRW 4.5 million on August 5, 201, KRW 3 million on September 7, 2011, KRW 1.5 million on October 20, 201, and KRW 9 million on a total amount of KRW 1.5 million on October 20, 2011.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, and 12, the purport of the whole pleadings

2. According to the above recognition of the obligation to pay development funds, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 27 million (=(1.5 million x 24 million x 24 months) and delay damages for the amount of KRW 18 million among them according to the instant agreement, barring any special circumstance.

3. Judgment on the defendant's defense

A. The Defendant’s assertion that the payment of development fund according to the instant agreement constitutes an unfair labor practice, which is an act of providing wages to the full-time officer of a trade union prohibited under Article 81 subparag. 4 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Relations Adjustment Act”), or assisting the operation expenses of a trade union, and thus, constitutes an unfair labor practice

(b) Relevant laws and regulations: as shown in the Appendix;

C. (1) Article 81 Subparag. 4 of the Trade Union Act provides that “an act of subsidizing wages to the full-time officer of a trade union or an act of assisting the operation expenses of a trade union” shall be construed as unfair labor practices, which prevents an employer from exercising its influence on a trade union against which the employer asserted.