1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The plaintiff as a party is a special corporation established by the Korea Railroad Corporation under the Korea Railroad Corporation Act, and was established on January 1, 2005 by being converted from the Korea Railroad Corporation under the Korea Railroad Corporation Act and the Korea Railroad Corporation Act, and the project is an essential public business under Article 71 (2) of the Trade Union and Labor Relations Adjustment Act (hereinafter "Labor Relations Adjustment Act").

The defendant National Railroad Workers' Union (hereinafter referred to as the "Defendant Union") is a trade union consisting of the plaintiff's employees and those who work in the railway-related industry and its related subsidiary companies as members of the company.

Defendant A is the Plaintiff’s 6th class D Vehicle Managers E, and Defendant B is the Plaintiff’s F business third class, and Defendant C is the Defendant Association G. Defendant C is the Defendant Association H.

As the collective agreement between the plaintiff before industrial action and the defendant union on April 1, 2006 expired as of April 1, 2008, the term of validity expires. The plaintiff and the defendant union were engaged in collective bargaining for the purpose of concluding the wage agreement and the collective agreement of 2008 over 73 occasions from July 29, 2008 to October 14, 2008 (this 4th and 69th) but did not reach mutual agreement.

Accordingly, the plaintiff and the defendant union filed an application for mediation with the National Labor Relations Commission around October 17, 2008, but the National Labor Relations Commission concluded that it is difficult to present mediation proposals due to a significant difference between labor and management and terminated mediation without presenting mediation proposals.

From October 29, 2008 to October 31, 2008, the Defendant Union held a pro-con voting on the agenda that “if the demand for wage, collective bargaining, and reinstatement of the worker’s original position, the full withdrawal of the railroad film plan, the withdrawal of the restructuring, and the strengthening of the public nature of the railroads is not achieved, it shall go through a labor dispute action including the general strike business”, and the agenda item is about 15,268 of the total number of union members and about 25,170 of the union members and about 60 of the union members to whom the agenda item was passed.