1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revoked part shall be dismissed.

The details and details of the decision on reexamination shall be the industrial trade union established on February 8, 2001 for the organization of workers engaged in the metal industry, and its superior organization shall be C.

Plaintiff

From November 27, 2014, the trade union has a branch office B to the intervenor company, and approximately 310 workers belonging to the intervenor company belong to the above branch.

In the event that the context is clearly understood below, only the Plaintiff trade union and the Plaintiff trade union are “Plaintiff trade union” without distinguishing between the Plaintiff trade union and the Plaintiff trade union B for convenience, and if necessary, it will be indicated.

The intervenor company employs approximately 6,920 full-time workers and engages in the manufacture and sale of cars in Daejeon Factory, Geumsan Factory, Central Research Institute, etc.

The representative bargaining trade union of this case is a company-level trade union established on May 31, 1962, and is a superior organization, and there are about 4,150 workers belonging to the intervenor company.

On November 4, 2015, the representative bargaining trade union of this case was determined as the representative bargaining trade union at the bargaining unit of the intervenor company.

From June 14, 2016 to July 18, 2016, the Intervenor Company and the representative bargaining trade union of this case conducted collective bargaining to conclude a collective agreement in 2016, and concluded a collective agreement in 2016 on August 9, 2016, and drafted a “agreement on wage adjustment and renewal of a collective agreement.”

(hereinafter referred to as “collective bargaining agreement in 2016.” On November 7, 2016, the Plaintiff trade union violated its duty of fair representation by failing to gather opinions from the Plaintiff trade union in the course of collective bargaining to conclude collective agreements in 2016.

In the process of concluding and implementing a collective agreement in 2016, the Intervenor Company and the representative bargaining trade union of this case are time off working hours to the Plaintiff trade union.