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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. As to the assertion of misapprehension of the legal principles as to associate labor practice
A. Article 81 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Act”) prohibiting an employee from engaging in unfair labor practices (i.e., organizing or operating a trade union and providing wages to the full-time officer of a trade union or assisting the employee in operating expenses of a trade union). However, in the proviso, “the act that the employee permits the employer to engage in the activities under Article 24(4) during working hours, as well as the act that the employer permits the employee to engage in the activities under Article 24(4), contributions to the fund for the prevention, relief, etc. of the employee’s welfare fund or economic inequality or other re
The legislative purpose of which the above provision prohibits the employer from subsidizing the operating expenses of the trade union (hereinafter referred to as "operating expenses") is to prevent the trade union from dependent economicly on, or melting with, the employer and ensure the independence of the trade union.
However, Article 2 subparag. 4 of the Trade Union Act provides that a trade union refers to an organization or associated organization which is organized by workers as its principal agent for the purpose of maintaining and improving the working conditions and promoting the improvement of workers’ economic and social status, and that is not a trade union in cases where the principal part of expenses is supported by employers. Thus, in light of the above, a trade union’s act of receiving subsidies from employers is likely to undermine the autonomy of the trade union.
In addition, the main text of Article 81 subparagraph 4 of the Trade Union Act does not provide a wage to the full-time officer of a trade union (hereinafter referred to as a "full-time officer") who has been interpreted as one of the former operational expense assistance activities.