The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by the Defendant and the Intervenor joining the Defendant (hereinafter “ Intervenor”).

A. Article 16(1)8 and Article 16(2) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) which permits a trade union to make a structural change through the attendance of a majority of the incumbent union members and the resolution of a general meeting with the consent of two-thirds or more of the union members present during the process of establishment and existence of a trade union (hereinafter “instant provision”) covers a trade union established under the Trade Union Act, and thus does not apply to a mere internal organization or organization of a trade union. However, even if a subdivision, etc. of an industrial trade union is a subdivision, etc. of an industrial trade union, unlike the external appearance, if the trade union falls under an organization with the substantial substance of a trade union composed of workers belonging to a single company and has the ability to independently conduct collective bargaining and sign collective agreements, if it falls under an unincorporated association as an independent workers organization similar to a trade union without such capacity, it shall be deemed that it can be modified to its affiliation and converted into an independent

However, if a subdivision, etc. of an industrial trade union becomes an internal organization for the activities of an industrial trade union, such resolution cannot be permitted. Therefore, it should be carefully deliberated and determined as to whether the subdivision, etc. has the substance as an independent trade union or an independent workers’ organization similar to a trade union.

(See Supreme Court en banc Decision 2012Da96120 Decided February 19, 2016). B.

The judgment below

According to the reasons, one is an industrial trade union.