1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

1. The reasoning of the judgment of the court of first instance for admitting this case is as stated in the reasoning of the judgment of the court of first instance, except for the Plaintiff’s assertion by the court of first instance under Paragraph (2) above, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance in addition to the determination of addition under Paragraph (2) below.

2. Additional determination

A. The reasoning behind the Plaintiff’s assertion C’s remarks was that he did not make the instant remarks with the intent to withdraw from the Intervenor Association to which B was a party, on the part of the Plaintiff’s head office, upon the Plaintiff’s request from B to the effect that the workplace would be changed from the workplace of the Plaintiff’s head office.

Nevertheless, the decision of the retrial in this case, which held that C’s remarks in this case constitute an unfair labor practice under the control of a trade union under Article 81 subparag. 4 of the Trade Union and Labor Relations Adjustment Act, is unlawful.

B. The following circumstances that can be acknowledged prior to the determination by Eul based on the overall purport of the pleadings in each of the statements in the evidence Nos. 2 through 4, namely, ① A was an executive member who is in charge of the operating office of the Plaintiff Company and was working as a disciplinary member of the Disciplinary Committee, ② B became a member of the Plaintiff Company upon C’s aid.

Even in light of the status within the Plaintiff Company as seen above, it is difficult to view C’s instant remarks as having provided personal advice to B, not as an employer’s position, and ③ C made a statement to the purport that B may withdraw from the Intervenor Association in a hostile relationship with the Plaintiff on several occasions, etc. In light of the fact that C made a statement to the effect that it may return from the Intervenor Association in a hostile relationship with the Plaintiff, the instant statement is governed by the Trade Union and Labor Relations Adjustment Act, as defined in Article 81 subparag. 4 of the Trade Union Act.