1. The defendant's 5% per annum from February 1, 2020 to February 17, 2021 with respect to each of the above 300,000 won and each of the above money to the plaintiffs.

Facts of recognition

The Plaintiffs were members of the trade union B (hereinafter “instant trade union”), and the Defendant was working as the chairperson of the instant trade union from March 20, 2018 to December 3, 2018.

The instant trade union, from June 12, 2018 to June 12, 2018, began collective negotiations with C Co., Ltd. (hereinafter “C”) for the purpose of concluding a group agreement and a wage agreement, and the payment of bonuses under Article 41 of the Organization Act of 2016 of the bonus Regulations is as follows.

1.For bonuses to members, 600 per annum shall be paid in installments on a normal basis;

(hereinafter referred to as the “instant bonus regulations”) was under negotiation as to the abolition of the bonus regulations, and the proposal to abolish the instant bonus regulations was rejected at the general meeting of the members on November 27, 2018.

However, on October 29, 2018, the Defendant concluded the 2018 Regular Wage Convention (hereinafter “instant labor-management agreement”) with C to abolish the bonus provision of Article 41 of the group agreement with C.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 6, and 7 (including branch numbers), and Article 33(1) of the Constitution of the Republic of Korea provides that "workers have the right to independent right to organize, to negotiate with, and act for, the organization to improve the working conditions."

Article 22 of the Labor Union Act provides that "the members of a trade union shall have equal rights and obligations to participate in all matters of the trade union."

“......”

On the other hand, the collective agreement has a normative effect that directly determines the criteria for the treatment of each member of the trade union, so the actual subject of the collective agreement is an employee, and therefore the collective agreement should be concluded on the basis of the intention of the trade union formed by the members' involvement in the agreement.

Article 16 (1) 3 of the Labor Union Act shall be the general meeting of the matters concerning the collective agreement.