The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (legal scenarios) (1) A trade union (hereinafter “G labor union”) in which the Defendant was the representative is one of the headquarters, which is an affiliate organization of the National Transport Industry Trade Union (hereinafter “Transportation”) and is also an affiliate organization under the Industrial Separate Labor Union, and the dismissal and the unemployed, etc. are also partners. As such, the resolution that the G labor union elected I and K as the dismissed head of each branch office (hereinafter “instant resolution”) cannot be deemed to violate the G labor union rules.

(2) According to Article 21(2) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”), when it is deemed that a trade union’s resolution violates the rules, an administrative authority may issue a corrective order only upon the application of an interested party. Since G applying for a corrective order of the instant resolution does not constitute an interested party, the instant corrective order is unlawful.

(3) Nevertheless, the court below erred by misapprehending the legal principles in finding guilty of the facts charged in this case.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

1) Around November 2006, G Labor Relations Adjustment adopted a resolution to convert it to the G headquarters in transportation labor-related group with the attendance of a majority of registered union members and the consent of at least two-thirds of the union members present. Accordingly, on December 26, 2006, the organization was changed to the National Transport Labor Union G headquarters. (2) G Labor Relations Adjustment reported the establishment of the trade union on September 1, 2009 to the Industrial Trade Union branch of the Industrial Labor Relations Adjustment, and on September 4, 2009, received a certificate of report on the establishment of the trade union from the Seoul Regional Labor Relations Office as an industrial labor union branch of the Seoul Western District Office.

3 GEU has its own rules and executive organs even after the above organizational change, and it is independently G without being delegated with the right to collective bargaining and the right to conclude collective agreements from the transportation labor union.