National Public Officials Workers' Union (Law Firm citizen, Attorneys Kim Young-soo et al., Counsel for the defendant-appellant)

The Minister of Employment and Labor (Law Firm Barun, Attorneys Ha Young-min et al.)

January 19, 2011

Seoul Administrative Court Decision 2010Guhap1276 decided July 23, 2010

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance shall be revoked. The defendant's disposition to return to the plaintiff on March 3, 2010 shall be revoked.

1. Details of the disposition;

A. The Plaintiff was a trade union organized by the former National Public Officials’ Union, the National Democratic Public Officials’ Union, and the Court Public Officials’ Union through a merger resolution, and submitted a trade union establishment report to the Defendant on February 25, 2010.

B. On March 3, 2010, the Defendant rendered a disposition to return a trade union establishment report in violation of Articles 2 and 6 of the Public Officials’ Labor Unions Act, and Article 2 subparag. 4 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) on the following grounds (hereinafter “instant disposition”).

1) 82 dismissed workers who were members of the former Korean Public Officials’ Union are included in the Plaintiff’s members.

2) Of the representatives of the Plaintiff-affiliated organizations, eight persons are prohibited from joining the labor union pursuant to Article 6(2)1 of the Act on the Establishment and Operation of Public Officials’ Labor Unions (hereinafter “Public Officials’ Labor Unions”) and Article 3 subparag. 1(b) of the Enforcement Decree of the same Act, and are identified as public officials who mainly engage in the duties of directing, supervising, or controlling the performance of duties of other public officials within the department (hereinafter “general managers”), and a considerable number of general managers are also included in the Plaintiff’s members.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

1) According to Article 10 of the Trade Union Act, a person wishing to establish a trade union shall submit a report of establishment to an administrative agency along with the bylaws under Article 11. According to Article 12(1) and (2) of the Trade Union Act, if the report of establishment is received or the report of establishment or the report of establishment is required to be supplemented due to omission of the rules, etc., the administrative agency which received the report of establishment must issue a certificate of report within 3 days upon receipt of the report of establishment. Therefore, the administrative agency which received the report of establishment of a trade union must examine only whether the report constitutes a ground for return under Article 12(3) of the Trade Union Act on the basis of only the report of establishment, required documents, and bylaws received. The instant disposition that intended to conduct a substantial examination beyond the authority to conduct a formal examination on the report of establishment of a

2) Under the Plaintiff’s bylaws, the dismissed is neither a member nor a third party engaged in the business of an association granted by the Chairperson instead of receiving relief money pursuant to the “Rules for Relief of Victims” enacted on March 31, 2010. This does not constitute a case where joining a non-worker, and thus does not constitute a ground for rejection of the report of establishment of a trade union.

3) Whether a person is a general manager ought to be determined on the basis of the relevant statutes and the relevant review and examination of the details of duties. Eight persons who the Defendant classified as a general manager are not a public official trade union, and thus, the instant disposition is unlawful.

B. Relevant statutes

Attached Table 1 is as stated in the "relevant statutes".

C. Determination

1) Whether there is any defect in the examination method of a trade union establishment report

A) Facts of recognition

① From August 28, 2009, the former National Public Officials’ Union received a request from the Defendant to recognize the qualification of union members, such as having the chief vice-chairperson 7, vice-chairperson 8, Nonparty 11, the chief of the Chungcheongbuk Regional Headquarters 1, Nonparty 10, the chief of the Ulsan District Headquarters 10, and Nonparty 9, the chief of the aged branch office, and Nonparty 8 as union executives. The former National Public Officials’ Union submitted a written withdrawal on October 8, 2009, and Nonparty 7 and 8 were the persons who were dismissed from the union; Nonparty 9 was the persons who were dismissed from the union; Nonparty 11 and 1 were the representatives of the Ulsan Central Countermeasure Headquarters ; on October 20, 2009, the Defendant submitted the former National Public Officials’ Union to Nonparty 7, 8, 111 and 1 were not the union executives or union members; and on October 20, 2009, the Defendant did not recognize the status of union members under the Trade Union Act.

② On September 23, 2009, the former National Public Officials’ Union adopted a merger resolution with the National Democratic Public Officials’ Union and the Court Public Officials’ Union. On November 28, 2009, the name of the Plaintiff was changed from the board of representatives to the Plaintiff.

③ On December 1, 2009, the former Korean Public Officials’ Union submitted a report on the dissolution of a trade union to the Defendant on the same day, and the Plaintiff submitted a report on the establishment of a trade union to the Defendant on the same day. On December 4, 2009, the Defendant: (a) on December 4, 2009, the Plaintiff prescribed that the Plaintiff succeeds to the status of the members of the former Korean Public Officials’ Union; (b) the Plaintiff was confirmed to have joined the Plaintiff at the time of operating the former National Public Officials’ Union;

④ The Defendant determined that, before and after the report on the establishment of a trade union was received, eight of the “surveys related to public officials’ labor union membership” and the representative of an umbrella organization, etc. submitted by the Plaintiff, constitutes a general manager of business affairs.

[Based on the recognition] Evidence Nos. 1, 1 through 3, Eul evidence Nos. 4-1, 2, Eul evidence Nos. 5, 6, Eul evidence Nos. 7 and 8-1, 2, Eul evidence Nos. 15, Eul evidence Nos. 16, 17, 18, 19, 20, 21 and 22, each of the statements and the purport of the whole pleadings

B) Although the Trade Union Act limits the free establishment of a trade union. However, the purpose of the Act is to protect and foster the relevant administrative authority so that trade unions may continue to exist as an independent and democratic organization through efficient maintenance and management of the organization system, and to take into account labor policy for the guidance and supervision thereof (see Supreme Court Decisions 96Nu9829, Oct. 14, 1997; 91Nu12028, Feb. 12, 1993; 91Nu12028, Feb. 14, 1993). If a trade union’s examination on the establishment report is permitted by simply reporting to an administrative authority, it is necessary to allow a trade union not to establish a trade union that fails to meet the actual requirements, such as democracy and autonomy, and thus, it is intended that the trade union report should be submitted to an administrative authority to prevent the establishment of a trade union and to exercise its right to organize independently (see Article 14(1) of the Act, e.g., Supreme Court Decision 2008Hun-Ba14.).

An administrative agency which has received a report on the establishment of a public official labor union shall have the authority to examine whether a person who is not a public official or a public official who is excluded from membership.

In full view of the legal principles and relevant statutes as seen earlier, it is reasonable to view that an administrative agency may examine whether a trade union falls under any item of Article 2 subparag. 4 of the Trade Union Act so that the trade union can continue to exist as an independent and democratic organization through efficient maintenance and management of the organization structure of the trade union in addition to a formal examination as to whether the report of establishment and the accompanying documents, such as the bylaws, are omitted in examining the establishment report of the trade union. Therefore, it is lawful to determine whether a trade union establishment report is rejected based on the information on the general manager of the business who was investigated by the Defendant, other than the report and the accompanying documents submitted after receiving the report of establishment of the trade union and the report of establishment submitted by the Defendant prior to the instant return disposition, and the information on the general manager of the business

2) Whether a dismissed person is included in a member

A) According to Article 33(2) of the Constitution of the Republic of Korea, workers who are public officials have the right to organize, collective bargaining, and collective action. According to the proviso to Article 5 of the Trade Union Act, public officials and teachers shall be separately determined by Act as to the organization and joining of labor unions. According to the main sentence of Article 17(2) of the Public Officials’ Union Act, matters not prescribed in this Act concerning labor unions and labor relations adjustment applicable to public officials shall be governed by the Trade Union Act, except as otherwise provided in paragraph (3). In full view of the aforementioned relevant Acts and subordinate statutes, the Public Officials’ Labor Union Act constitutes a special law under the Trade Union Act. Furthermore, under the main sentence of Article 2 of the Public Officials’ Labor Union Act, the term “public officials” refers to public officials under Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials’ Labor Union Act. Meanwhile, Article 6 of the same Act provides that public officials are dismissed, dismissed, or dismissed, and only those who are reasonably listed in the status of Article 2(1)3) of the Public Officials’ Labor Union Act.

B) the facts of recognition

(1) The relevant provisions of the Plaintiff’s rules enacted on February 24, 2010 are as follows.

Article 7 (Qualification for Membership)

(1) Public officials of Grade VI or lower nationwide may become partners of a cooperative.

(2) The Cooperative may have honorary members, etc. and shall have separate regulations.

Article 9 (Rights and Duties)

(1) Members shall have equal rights and duties under the rules and regulations: Provided, That the members subject to disciplinary action and specific duties shall be taken.

The rights of members who have not paid partnership fees may be restricted as prescribed by the regulations.

section 1.

(2) All members shall have the following rights:

1. Right to vote and to be elected;

2. Right to speak at various meetings and voting rights;

3. Right to equally participate in cooperative activities;

4. The right to recommend to a union;

5. Other rights and interests of its members.

(3) Each member shall have the following duties:

1. Obligations to observe the rules, regulations and resolutions;

2. A liability to pay the prescribed cooperative expenses: Provided, That temporary retirement members shall not be included;

3. Obligation to actively participate in the business and activities of unions;

Article 11 (Guarantee of Status and Property of Members, etc.)

Where any member suffers damage to his/her status or property on account of his/her activities or compliance with matters resolved by a resolution-making institution of a cooperative, his/her status under relevant Acts and subordinate statutes shall be guaranteed and the relevant parties and their families shall be relieved of such damage on property: Provided, That the relevant objects,

Article 13 (Organization)

A cooperative shall have the following organizations:

1. National Assembly of Representatives;

2. Central Committee;

3. The Central Execution Committee:

4. Standing Executive Committee:

5. Affiliated organizations: Headquarters, a branch, a sub-branch, or a sub-branch.

6. Secretariat;

7. The standing committee and the special committee;

8. Association election commission.

9. The Committee for Relief of Victims;

10. The Support and Examination Committee for Public Interest Reporters:

11. The Accounting Audit Committee:

Section B: The National Assembly of Representatives

Article 15 (Character and Authority)

(1) The National Assembly of Representatives shall have the highest power of a cooperative as an organization in lieu of a general meeting.

(2) The following matters shall be subject to resolution by a national representative meeting:

2. Matters concerning the election and impeachment of officers;

Article 16 (Composition)

The National Assembly shall be comprised of the representatives elected by direct, secret, or secret ballot of its members.

Article 18 (Meetings)

(3) The chairperson shall preside over the national representatives' meetings.

Article 19 (Selection Criteria and Election)

(1) Representatives of partnership shall be proportional to the number of partners paid for the expenses of partnership by each branch office, and the number of partners shall not exceed 150.

One representative, one representative per 150 persons in cases of at least 151 persons, and one additional representative in cases of at least 101 persons.

Section C. Central Committee

Article 23 (Authority)

The Central Committee shall deliberate and decide on the following matters:

1. Matters concerning the enactment and amendment of regulations;

2. The basic policy related to the enforcement of matters resolved or decided at the national representatives' meeting;

3. Matters delegated by the National Assembly of Representatives;

4. Matters concerning the establishment and abolition of the standing committee and the special committee;

5. Matters concerning deliberation and resolution on disciplinary action against members;

6. Matters concerning the approval and impeachment of auditors;

7. Half-yearly reports on audit reports on settlement of accounts, and examination of audit reports on settlement of accounts submitted to national delegates;

8. Deliberation on major agenda items, such as the budget, business plan, and draft amendment to regulations submitted to the national representatives' meeting;

9. Matters concerning approval for the conversion between items of budget and a revised budget for additional correction;

10. Matters concerning the establishment and division of umbrella organizations;

11. Other important matters concerning the operation of the association.

Article 24 (Organization and Election)

(1) The Central Committee shall be elected from among the representatives of its headquarters in the Games (hereinafter referred to as the "Central Committee in charge of election") and the Central Committee.

The members (hereinafter referred to as "ex officio central members") shall be comprised of ex officio members.

(2) Where the number of members of a central committee in election is not more than 1,000 for each headquarters under its control, one central committee member and not less than 1,001 members.

In such cases, one person per 100 persons, and one person shall be additionally allocated in cases of at least 667 persons.

Article 27 (Nature and Powers of Central Execution Committee)

(1) The Central Executive Committee shall direct the affairs and activities of unions in accordance with the resolutions and decisions of the National Assembly of Representatives and the Central Committee.

· executed.

(2) The Central Executive Committee shall have the following authority:

1. Execution of matters concerning the implementation of resolutions and decisions made by the National Assembly of Representatives and the Central Committee;

2. Deliberation on agenda items to be submitted to the National Assembly of Representatives and the Central Committee;

3. Formulation of policies and activities in accordance with the resolutions and decisions of the National Representatives' Congress and the Central Committee, and the objectives and principles of unions;

4. Examination of reports on the settlement of accounts and budget to be submitted to the Central Committee semi-annually, and budget to be submitted to the National Representatives;

Examination of draft plans, annual reports of accounts, and monthly reports of accounts;

5. Establishment, amendment and repeal of the regulations;

6. Deliberation on the conversion between items of budget;

7. Interpretation of regulations and various kinds of regulations;

8. Deliberation on other important matters concerning the operation of the association.

Article 28 (Composition of Central Execution Committee)

The Central Execution Committee shall be comprised of the following members:

1. The chairperson, the chief vice chairperson, and the vice chairperson;

2. The chairperson of the standing committee and the chairperson of the special committee;

3. The head of headquarters;

4. The Secretary General;

Article 30 (Standing Execution Committee)

(1) In accordance with the following resolutions and decisions of the National Assembly of Representatives, the Central Committee, and the Central Executive Committee, the Standing Committee:

The execution of matters;

1. Execution of matters delegated by the National Assembly of Representatives, the Central Committee, or the Central Execution Committee;

2. Deliberation on the matters to be prepared and submitted for holding national delegates, the Central Committee, and the Central Executive Committee;

3. Execution of all daily affairs;

4. Other necessary matters.

(2) The Standing Executive Committee shall consist of the chairperson, the chief vice chairperson, the secretary general, the vice chairperson, the chairperson of the standing committee, and the special committee.

The chairperson, each office of the Secretariat shall be comprised of the chairperson and each office.

Article 33 (Games of Headquarters and Branch Offices)

(2) The representatives of the headquarters shall be elected by direct, secret, and anonymous voting of members who belong to the headquarters, and the term of office of the members shall be one year.

Article 21 shall apply mutatis mutandis to the representatives of the headquarters.

Article 40 (Standing Employees)

(1) The chairperson may employ full-time employees to perform his/her duties.

Article 41 (Establishment of Standing Committees)

(1) Drafting and carrying out activities of members of a cooperative by job classification, job category, territory, and policy-making conducted in a specific interest area of the cooperative members.

A standing committee may be established.

Article 42 (Appointment and Term of Office of Chairperson of Standing Committee)

(2) The chairperson of the standing committee shall be appointed by the chairperson with the consent of the Central Committee.

Article 43 (Establishment of Special Committee)

(1) Where deemed necessary to deal with a specific case, a cooperative shall be granted special decision by the Central Committee.

A committee may be established.

Article 44 (Appointment and Term of Office of Chairperson of Special Committee)

(2) The Chairperson of the Special Committee shall be appointed by the Chairperson with the consent of the Central Committee.

Article 51 (Executives)

A cooperative shall have the following officers:

1. One chairperson;

2. One chief vice-chairperson;

3. Six vice-chairpersons, including two vice-chairpersons;

4. One secretary general;

5. One chairperson of the audit committee;

Article 52 (Duties of Chairperson)

(2) The chairperson shall perform the following duties:

5. The standing committee, the chairperson of the Special Committee, the heads of affiliated organizations, and the chiefs of offices and employees of each office;

shall have the power to appoint and dismiss.

Article 55 (Election of Officers)

(1) The chairperson and the secretary general shall be elected by direct, secret, and bearer voting of all members.

Addenda

Article 2 (Succession due to Consolidation)

A union shall succeed to the status of a trade union merged with the court, a public official trade union, a national public official trade union, and a national democratic public official trade union, in accordance with the following:

2. Status of members and victims;

(2) The relevant part of the “Rules on the Relief of Victims” enacted on March 31, 2010 is as follows.

Article 3 (Definition of Scars)

Victims refers to cases where a member of an association acknowledges any of the following causes occurs due to the implementation of the matters resolved by the resolution body of the association, the activities under the guidelines of the official organization of the association, and the establishment of the association:

3. Dismissal by dismissal or sentence.

Article 5 (Service of Victims)

(1) Victims shall engage in activities of associations in good faith.

(2) The chairperson shall determine the specific duties of victims in consideration of their own will.

Article 8 (Qualification and Appointment of Member)

(1) Members of the Committee (including the heads of examiners) shall be appointed by the chairperson on the recommendation of the Central Execution Committee from among the following persons:

1. Two central executive members;

2. Three persons working as central committee members;

3. Three persons who are engaged in activities as national representatives;

4. One director general of the office or bureau in charge of relief of victims;

5. Two persons who are recommended by the chairperson of the Committee for the Countermeasures against Reinstatement of Victims;

(3) Of the 82 dismisseds who belong to the former Korean Public Officials' Union, Nonparty 12 is the representative, Nonparty 2 is the chief of the organization office, Nonparty 3 is the chief of the planning office, Nonparty 4 is the chief of the negotiating office, Nonparty 4 is the chairman of the unification committee, and Nonparty 5 is the chairman of the campaign for restoring victims to their original state.

(4) On December 3, 2009, the head of Yangcheon-gu Seoul Metropolitan Government dismissed the Plaintiff Nonparty 13, who was a public official belonging to the Seoul Metropolitan Government. On December 21, 2009, Nonparty 13 filed an application for remedy for unfair labor practices with the Seoul Regional Labor Relations Commission (2009No143), but was dismissed on February 18, 2010. Nonparty 13 filed an application for review with the National Labor Relations Commission (2010No53) on March 5, 2010, but was dismissed on May 3, 2010 after the instant disposition.

[Reasons for Recognition] Evidence No. 3, Evidence No. 9, and the purport of the whole pleadings

C) Determination

(1) As to 82 former dismissed workers who were members of the former Korean Public Officials' Union

Article 2 (2) of the Addenda to the plaintiff's agreement provides that the status of a member of the Gu Public Officials' Union shall be succeeded.

However, Article 7 (1) of the Plaintiff’s Rules explicitly states that a public official of class VI or below is a partner. Thus, the meaning that a public official of class VI or below succeeds to the status of the former national public official of labor union is a member of the Plaintiff’s union, barring any other circumstances, and it does not mean that a public official of class VI or below is a member of the Plaintiff’s union, even

Each statement in Eul evidence Nos. 4-1, 2, Eul evidence Nos. 6, Eul evidence Nos. 7, 8-1, 2, Eul evidence Nos. 9, and Eul evidence Nos. 11 is insufficient to recognize that the plaintiff was a member of the old National Public Officials' Union who was a member of the non-public official labor union, and there is no other evidence to acknowledge it.

(2) Whether six non-party 12 among non-party 82 dismisseds can be viewed as a partner in light of their activities.

(A) As to Nonparty 12

According to Article 40 of the Plaintiff’s Rules, the chairperson may employ full-time employees to perform his/her duties, and there is no evidence to deem that Nonparty 12 exercises his/her rights as a member, such as the right to vote, election, and speech and voting at various meetings. The mere fact that Nonparty 12 is in charge of Nonparty 12 is difficult to deem that the Plaintiff is permitted to join a non-public official who is not allowed to join the Public Officials’ Labor Relations Adjustment Act.

(B) On Nonparty 1, 2, 3, 4, and 5

According to the rules of the plaintiff, the standing committee, the chairperson of the Special Committee and the chief of the secretariat are members of the standing committee, and the standing executive committee is authorized to deliberate on the matters to be delegated or submitted to the National Assembly, the Central Committee, and the Central Executive Committee. The standing committee and the chairperson of the Special Committee are members of the Central Executive Committee, and the Central Executive Committee has the authority to execute the resolutions of the National Assembly and the Central Committee, prepare the policies, examine the settlement of accounts, and deliberate on other important matters concerning the operation of the association. Since the Central Committee is composed of the central committee and the central executive committee elected at the central meeting of the headquarters representatives, the central executive committee is an ex officio member of the Central Committee, and have authority to establish and abolish the standing committee and the Special Committee, take disciplinary action against members

In light of the standing committee members, central enforcement committee members, and non-party 4 and non-party 5, who are the chief executive officers of the secretariat who are non-party 1, 2, and 3, who are the members of the Standing Executive Committee, as the chairperson of the standing committee, shall not be deemed full-time employees prescribed in Article 40 of the Regulations, and the fact that they have such status and authority seems to be premised upon the fact that they are members, in view of the status and authority under the regulations in the Plaintiff’s association. This constitutes a case where admission is permitted to those who are not public officials permitted under

(C) As to Nonparty 13

The chairperson under the rules of the plaintiff shall be elected by members and shall be the chairperson of the National Assembly, and shall be the central committee, central executive committee, and standing executive committee, and shall exercise their authority on the premise that the member is a member.

Nonparty 13 was dismissed on December 3, 2009, but applied for remedy for unfair labor practices to the Seoul Regional Labor Relations Commission on December 21, 2009, and to the National Labor Relations Commission on March 5, 2010. According to Article 6(3) of the Public Officials Labor Relations Commission Act, where a public official files an application for remedy for unfair labor practices with the Labor Relations Commission pursuant to Article 82(1) of the Labor Relations Commission Act due to dismissal, it shall not be deemed to lose the status as a union member until the National Labor Relations Commission makes a decision to review the Labor Relations Commission under Article 2 of the Labor Relations Commission Act. Thus, at the time of the instant disposition, Nonparty 13 is not a public official who is not allowed to join the Public Officials Labor Relations Commission Act.

3) Whether the general manager includes a member

A) According to Article 6(2)1 of the Public Officials’ Labor Union Act, a public official who exercises the right to direct and supervise other public officials or is in charge of affairs of other public officials may not join a trade union. According to Article 3(1) of the Enforcement Decree of the Public Officials’ Labor Union Act, one of the public officials prohibited from joining a trade union pursuant to Article 6(2) and (4) of the Public Officials’ Labor Union Act is a public official who exercises the right to direct and supervise other public officials or is in charge of overall affairs of other public officials. Under the statutes, municipal ordinances or rules, a public official who directs and supervises other public officials pursuant to the statutes, municipal ordinances or rules, and is in charge of the authority to direct and supervise other public officials and to manage the affairs thereof (including representatives, (a) and (b)) is a public official who mainly directs and supervises the performance of affairs of other public officials in the department or performs overall affairs

B) the facts of recognition

(1) Nonparty 6 is the head of the Plaintiff’s branch office in Ansan-si. Nonparty 6 is a tax official of Grade VI. Nonparty 6 is a person in charge of the tax affairs of Ansan-si and the affiliated division; the person in charge of the affairs of the Eup/Myeon/Dong in charge of the tax affairs of the Eup/Myeon/Dong in charge of the voting affairs; the person in charge of the affairs of the Eup/Myeon/Dong is presiding over the coordination and meeting; and the public official in charge of the same section exercises the authority of interim approval and supervision

(2) Nonparty 14 is the head of the Ansan-si Branch Office of Plaintiff Ansan-si. Nonparty 14 is a public official of Grade VI in administration. Nonparty 14 is a person in charge of the construction of Ansan-si and the provision of geographic information, a person in charge of the establishment of a comprehensive geographic information plan, a geographic information system (Gegras) establishment, a person in charge of the management of utility tunnels and survey marks, and a general manager of the management of utility tunnels and survey marks. Nonparty 14 exercises a specific direction and supervision over the interim settlement and performance of duties, such as annual leave, business trip, etc., with respect to his employees in the position of the leader

(3) Nonparty 15 is the head of the branch office of the Jung-gun Office of the Plaintiff Jeong-gun. Nonparty 15 is a public official of Grade VI in agriculture. Nonparty 15 is a person in charge of agricultural policy and agricultural sales promotion affairs of the Jung-gun Office, and the department in charge of interim settlement of work status, such as annual and business trips, etc.

(4) Nonparty 16 is the head of the Seocheon-gun Office branch office of the Plaintiff, who is a public official of Grade VI in the administration. Nonparty 16 is a person in charge of the duties of linking the residents' living support room in Ycheon-gun, and takes charge of 16 affairs, including the formulation and implementation of social welfare service plans, the discovery of community welfare resources, and the management of service status.

(5) On January 21, 2010, Nonparty 17 is a public official of Grade VI in administration, who resigned the office of the head of the Jincheon-gun Office Branch. Nonparty 17 exercises the authority to conduct a specific direction and supervision on the interim settlement and performance of work performance, such as formulation of a sewerage maintenance master plan, construction design, examination, inspection, purification of contaminated rivers, maintenance of sewerage facilities, overall control over the affairs of sewerage facilities, annual prices, business trips, etc.

(6) Nonparty 18 is the head of the Daegu District Office of Education of the Daegu District Office of Education who is a public official of Grade VI in administration. Nonparty 18 takes charge of the affairs of the administrative office as the head of the ○○○ Elementary School Office, and performs the duties of the expenditure officer, such as contracts, remuneration, and expenses, and exercises the authority to direct and supervise the interim settlement and duties of the public officials belonging to the administrative office, such as business trips, annual leave, etc.

(7) Nonparty 19 shall be the administrative public officials of Grade VI belonging to the Yangcheon-gu Office. Nonparty 19 shall administer the automobile maintenance business, the automobile management business, the automobile management business, the automobile management business, the automobile management business, and the automobile management business, and manage and supervise the duties of the special project police officers.

(8) Non-party 20 is a public official of Grade VI in the administration of the Goi-gu Office of Goi-gun in Seoul. According to Article 2 of the Regulations on the Division of Work by Goi-gun in charge of Industry, Non-party 20 is responsible for the management and supervision of the competent personnel in the area of the affairs in charge.

[Reasons for Recognition] Gap evidence 16, 17-1 through 3, Eul evidence 18-1 through 5, Eul evidence 19, 20, and 21-1 through 3, Eul evidence 22-1 through 22-3, Eul evidence 23-1, 2, 4, and 6, and the purport of the whole pleadings

C) Determination

Non-party 6, etc. are in the position of general manager through division of duties, etc. This is to allow a general manager who is not allowed to join the public official trade union to join.

4) The Plaintiff allowed a dismissed person who does not fall under the eligibility to join a public official’s trade union to join as a member, or joined a general manager who is excluded from the eligibility to join as a member. Thus, the instant disposition that the Defendant rejected the establishment report on the ground as above is lawful.

3. Conclusion

The plaintiff's appeal is dismissed.

[Attachment-Related Acts and subordinate statutes omitted]

Judges Kim Jong-dae (Presiding Judge)