All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts and misapprehension of the legal doctrine) explained the difficult operational situation of the welfare center, with a view to understanding its employees, or from the perspective of its members, whether it would be better to form a trade union with X at an appropriate time rather than proceeding with the party president’s trade union at present.

The purpose of this case was to make a statement, and it was not to make a disadvantageous disposition to labor union members.

Therefore, the instant speech does not constitute an unfair labor practice.

B. The prosecutor’s improper sentencing (the sentence of the lower court: a fine of one million won)

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and legal principles, the employer has the freedom of speech to express his opinion through a speech, intra-company broadcast, notice, or letter. However, in a case where it is acknowledged that the employer has controlled or engaged in the organization, operation, and activities of a trade union by taking into account the actual situation, time, place, method, impact on the operation or activities of a trade union, etc. of the trade union, along with the contents of the expressed opinion, an unfair labor act is established as “the act of controlling or participating in the organization or operation of a trade union” and “the act of controlling or participating in the organization or operation of a trade union,” and the establishment of an unfair labor act as a control intervention does not necessarily require the result of

2) The following circumstances, which can be acknowledged by the evidence duly adopted and examined in the lower court and the lower court and the relevant evidence, namely, ① the Defendant repeatedly made a statement to the effect that he/she would refrain from labor union activities in several meetings of the branch of a general trade union or in the presence of union members, and ② the Defendant may receive a disadvantage in personnel affairs, such as obtaining approval from a superior due to labor union activities.