The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

According to Article 29(1) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”), the representative of a trade union, on behalf of the trade union or its members, has the authority to negotiate and conclude a collective agreement with an employer or employers’ association on behalf of the trade union or its members, and the total and comprehensive restriction of such representative’s authority to conclude a collective

(2) Article 16(1)3 of the Trade Union Act provides that a trade union shall have the normative effect of directly determining the working conditions of each member of the trade union and other criteria for the treatment of workers. However, in light of the fact that a collective agreement is a normative effect that directly determines the standards for the treatment of each member of the trade union, the actual owner of the collective agreement is an employee. Therefore, the actual owner of the collective agreement is a worker. Therefore, the collective agreement should be concluded based on the intent of the trade union formed by the members participating in the collective agreement. Article 16(1)3 of the Trade Union Act provides that matters concerning the collective agreement shall be determined as a resolution by the general meeting and that the representative of the trade union may prepare a proposal through the general meeting before the commencement of the collective bargaining or continue to collect the total amount of union members in the course of the collective bargaining, such as reflecting the intent of the union members and restricting the exercise of the authority to conclude the collective agreement by the representative to exercise its authority to conduct the collective bargaining and the conclusion of the

However, even if the actual subject of a collective agreement is a worker and the representative of a trade union is obligated to reflect the intent of the union members in concluding a collective agreement, the representative of a trade union shall perform its duties upon delegation by the trade union.