The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. Article 32(1) and (2) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) provides that “the term of validity exceeding two years shall not be set in a collective agreement. Where the term of validity is not set in a collective agreement, or where the term of validity exceeds the said two-year term, such term of validity shall be two years.”

As such, limiting the term of validity of a collective agreement to two years is that it goes against the purpose of maintaining appropriate working conditions and promoting stability in labor-management relations through a collective agreement, so it goes against the purpose of maintaining proper working conditions and promoting stability in labor-management relations by limiting the term of validity to a certain extent, thereby bringing the contents of a collective agreement to a timely and concrete extent.

(See Supreme Court Decision 92Da27102 delivered on February 9, 1993, etc.). Therefore, even if a trade union and an employer who is a party to a collective agreement set the term of validity of a collective agreement exceeding two years, the term of validity of such collective agreement shall be reduced to two years by subject to the restriction under Article 32(1) and (2) of the Trade Union Act.

However, the proviso of Article 32(3) of the Trade Union Act provides, “If a collective agreement has not been concluded even after the expiration of the term of validity, it shall continue to exist pursuant to the provisions automatically extending the term of validity even after the expiration of the term of validity by notifying the other party at least six months prior to the date on which the new collective agreement is to be terminated, the former collective agreement shall be terminated.”