1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim as to the cancellation is dismissed.

2...

1. The C Branch of the Ministry of Trade, Industry and Energy, a regional headquarters of the Ministry of Trade, Industry and Energy, a regional headquarters of the Ministry of Trade, Industry and Energy, is a trade union established by C (hereinafter “C”).

C A trade union (hereinafter referred to as "Article 1") and the above C Branch (hereinafter referred to as "Article 2 union") and the C Trade Union (hereinafter referred to as "Article 3 union") were established in the order of each establishment, as examined later, and the above number of union members was determined by Article 1 as a representative bargaining trade union around July 2016, while the above number of union members was 1, 2, and 3 union.

In concluding a collective agreement on March 20, 2017, Article 14(1) of the collective agreement provides that “A company shall provide a representative bargaining trade union with necessary offices and cooperate in the use of all facilities: Provided, That the company shall cooperate within the scope of Article 81(4) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

The Trade Union Article 2 requested C to provide a trade union office on June 5, 2017.

However, around June 13, 2017, C responded to the purport that “The provision of a trade union office was to provide an office to a representative bargaining trade union after the establishment of multiple trade unions, and it is difficult for C to provide an office due to the conditions of the company.”

Accordingly, the Plaintiff applied for correction of violation of the duty of fair representation to the Gyeonggi Regional Labor Relations Commission [K 2017 Fair 1/buno42 (Merger] and Article 10 and C.

However, the Gyeonggi Regional Labor Relations Commission dismissed all of the Plaintiff’s applications on the ground that “the First Union and C did not violate the duty of fair representation.”

In other words, the Plaintiff filed an application for reexamination with the National Labor Relations Commission (Central 2017 Fair 16/Mano170).

On November 30, 2017, the National Labor Relations Commission rendered a decision to dismiss an application filed by the Plaintiff for reexamination on the same grounds as an adjudication by the Gyeonggi Regional Labor Relations Commission (hereinafter referred to as “instant decision to review”).