The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.

The grounds of appeal are examined.

1. The lower court upheld the first instance judgment convicting the Defendant of the instant facts charged on the ground that the instant resolution that selected I and K as the G Labor Union Head on September 1, 2009, on the ground that it is apparent that the person dismissed from office as a member of the G Labor Union pursuant to Articles 7 and 9 of the G Labor Union Regulations (hereinafter “G Labor Union Regulations”), which reported on the establishment of September 1, 2009, was in violation of the G Labor Union Regulations.

2. However, we cannot accept the judgment of the court below for the following reasons.

The “worker” referred to in Article 2 subparag. 1 and subparag. 4(d) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) shall be included in the scope of “worker” as long as there is a temporary unemployment other than those employed by a specific employer and actually employed, or as long as there is a need to guarantee the three labor rights. The proviso of Article 2 subparag. 4(d) of the Trade Union Act shall be limited to the case where a company-level trade union is dismissed not by an industrial trade union but by a company-level trade union, rather than by an industrial trade union, which

(see, e.g., Supreme Court Decisions 2001Du8568, Feb. 27, 2004; 2012Du15821, Jan. 28, 2016). (B)

The judgment below

The reasons and records reveal the following circumstances.

(1) On November 2006, the G Trade Union passed a resolution of the General Meeting of Members with the attendance of a majority of the registered union members and with the consent of at least two-thirds of the union members present to the G Headquarters under the National Transport Industry Trade Union (hereinafter “Transport Trade Union”). Accordingly, the establishment of the Transport Trade Union was incorporated into the Transport Trade Union General Headquarters on December 2006, along with the establishment of the Transport Trade Union.

(2) around May 201, JJ branches under the Labor Relations Adjustment were working in G while serving in G and dismissed in January 2010, while serving in G as the head of the branch, and L chapters under the Labor Relations Adjustment were working in G.