1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. The Plaintiff is a company that aims at manufacturing semiconductor products and their parts.

The Defendants and C are those dismissed as the Plaintiff’s workers, and are union members of the Korean Metal Trade Union F Branch (hereinafter “F Branch”) (hereinafter “F Branch”).

However, the defendant D filed a lawsuit against the defendant, such as nullification of dismissal, and received a judgment of nullification of dismissal (Seoul Central District Court 201Gahap92232, Seoul High Court 2013Na56169). The case is pending in the final appeal (Supreme Court 2015Da51685).

Defendant B was responsible for the president of the F Branch, C was the chief site president, Defendant D was the chief secretary, and Defendant E was the chief director of the organization.

B. On January 1, 2010, the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) was amended, and the main contents of the instant case are as follows.

Article 24 (Full-time Officer of Trade Union) (1) A worker may be engaged exclusively in affairs of a trade union without providing the employer with labor specified in a collective agreement or with the employer's consent.

(2) A person who is engaged exclusively in affairs of the trade union pursuant to paragraph (1) (hereinafter referred to as the "full-time officer") shall not be paid any benefits from the employer during the period of said full-time.

(3) An employer shall not restrict the legitimate activities of his/her predecessor.

(4) Notwithstanding paragraph (2), where the employer determines or agrees to do so by a collective agreement, workers may, within the limit of exemption from working hours determined pursuant to Article 24-2 (hereinafter referred to as "limit of exemption from working hours") in consideration of the number of union members by business or place of business, engage in affairs prescribed by this Act or other Acts, such as negotiations, grievance settlement, industrial safety activities, etc. with the employer without any loss of wages, and maintenance and management affairs of a trade union