1. The Defendant’s KRW 10 million to the Plaintiff and the Plaintiff’s 5% per annum from June 16, 2014 to May 23, 2017.

1. Basic facts

A. The Plaintiff was established on April 2, 2006 as a unit trade union composed of dismissed workers while working in the D plant of a stock company B that manufactures and sells Tongs and others (hereinafter “B”).

B. On June 16, 2014, the Defendant, the representative director of B, sent to the reporter of the E-Examination the text of B and trade union, and the said text was published on June 17, 2014, along with the relevant article, as it was in the main text of the E-Examination website, and the article’s specialist (attached Form 1) is as indicated.

(hereinafter “instant article”). [The grounds for recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings]

2. Judgment on the Defendant’s defense prior to the merits

A. Defendant’s assertion (1) The Plaintiff is not a subordinate organization of a trade union with its own rules and executive organs, and thus is incapable of being a party.

② The Plaintiff is a trade union B.

However, since all of the union members were dismissed lawfully, there is no entity as an organization because there is no union member under Article 2 subparagraph 4 (d) of the Trade Union and Labor Relations Adjustment Act.

B. (1) First, we examine the argument of the above paragraph (1).

Even one of the subordinate organizations of an incorporated association, if it has the substance as an organization and performs its own activities, it can be viewed as a non-corporate group independent from the incorporated association.

(See Supreme Court Decision 2006Da60908 Decided January 30, 2009). In this case, according to the evidence No. 1, A16-21, A34-36 (including each number; hereinafter the same shall apply), and A40, the Plaintiff is a unit trade union comprised of the workers of B workplace, which is a subordinate site of the National Metal Trade Union, and the Plaintiff is a unit trade union consisting of the workers of B workplace. Based on the above, the Plaintiff has formulated a separate rule called “B Branch Rules” for the organization and operation of the organization, and accordingly, has established the branch president, executive director, and executive director.