1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The total costs of the lawsuit shall be the supplementary participation.

1. The reasoning for this part of the decision by the court of first instance is the same as that set forth in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the decision on retrial is lawful.

A. Each of the instant disciplinary actions against the Plaintiffs A and B (hereinafter “Plaintiff workers”) is a legitimate disciplinary action against the legitimate union activities. This is governed by the Trade Union and Labor Relations Adjustment Act.

The term "unfair labor practices" under subparagraph 1 of Article 81 and "unfair labor practices" under subparagraph 4 of the same Article at the same time constitute unfair labor practices.

Therefore, the judgment of the retrial of this case is unlawful on a different premise.

B. Unlike the grounds for disciplinary action that the employer has laid down on the surface, whether the employer was subject to dismissal, etc. for reasons of the worker’s legitimate union activity should be determined by comparing and reviewing all the circumstances such as the grounds for disciplinary action and the content of the worker’s trade union activity, the timing of disciplinary action, the procedure taken by the employer up to the disciplinary action, the imbalance of sanctions in the same case, and the relationship with the employer and the trade union (see, e.g., Supreme Court Decision 96Nu420, Mar. 28, 1997). 2) In relation to the unfair labor practices by control, when considering the contents of the act committed against the worker or the trade union and the situation, time, place, method, and influence that the act may affect or may affect the organization or operation of the trade union, if the employer actually controls or intervene in the organization, operation, or activities of the trade union differently from the grounds alleged on the surface, the unfair labor practice is established.