The judgment of the court below is reversed.

The defendant shall be innocent.

1. Progress of litigation;

A. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to a fine of KRW 5 million.

B. The judgment of the court below before remanding the case was appealed on the grounds of mistake of facts, misunderstanding of legal principles, and improper sentencing.

The appellate court dismissed the defendant's appeal on the ground that all the defendant's arguments are groundless.

(c)

The defendant appealed against the judgment of the court of first instance before remanding the judgment, on the grounds of misunderstanding of facts or misunderstanding of legal principles, and the Supreme Court reversed and remanded the judgment before remanding.

2. Summary of reasons for appeal;

A. Fact-misunderstanding or legal principles 1) Of the facts charged in the instant case, there are two or more trade unions, such as a motor vehicle trade union in North Korea (hereinafter “former North Korean Motor Vehicle Labor Union”) prior to the Korean Labor Union Federation (hereinafter “former North Korean Motor Vehicle Labor Union”) and the North Korean Local Headquarters E branch (hereinafter “Labor Union”) prior to the Korean Public Transport and Social Services Trade Union, etc., the trade union and the labor union have participated in the procedures for simplification of bargaining windows to determine representative bargaining trade unions pursuant to Articles 29-2 through 29-5 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Union Act”). As a result, the former Motor Vehicle Labor Union and the instant labor union participated in the procedures for simplification of bargaining windows to determine representative bargaining trade unions pursuant to Articles 29-2 through 29-5 of the Labor Union Act.

Therefore, since the labor union of this case lost the right to collective bargaining, the defendant's failure to comply with the request for collective bargaining of the labor union of this case is "justifiable reasons" under Article 81 subparagraph 3 of the Labor Union Act.

B) As to the part of the request for collective bargaining of the Trade Union of this case, the place of negotiation has not been specified or the right of negotiation has not been specified. The defendant is the defendant.