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1. The judgment of the court of first instance is modified as follows.
Defendant: (1) The Plaintiff (Appointed Party, N.) attached Form 2.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1 to 6, 8, 11 (including each number; hereinafter the same shall apply), Gap evidence 15-1, Gap evidence 16-1, 2, Gap evidence 17, 26, Eul evidence 9-1, and Eul evidence 9-2.
The parties concerned are companies running passenger transportation business, etc. at the Jeonju City, and the plaintiffs et al. are drivers who provide labor under employment by the defendant and have joined the National Union of Public Transport and Social Services (former National Union of Transport and Social Services; hereinafter referred to as the "Korean Union of Transport and Social Services") affiliated with the National Federation of Public Transport and Social Workers' Unions (Korean Union of Transport and Social Services; hereinafter referred to as the "Labor Union of this case").
B. Collective bargaining and industrial action from around 2010; 1) Jeollabuk-do is an industrial union consisting of workers engaged in the land transport business or any incidental business related thereto from before the union of this case, and is affiliated with the Korean Motor Vehicle Trade Union under the Korean Motor Vehicle Trade Union Federation affiliated with the Korean Motor Vehicle Trade Union Federation (hereinafter “former Motor Vehicle Union”).
(2) A bus companies in the former North Korea including the Defendant (hereinafter collectively referred to as “buser companies”) entered into a collective agreement with the former North Korean motor vehicle labor union around June 2010, among the bus companies in the former North Korea including the Defendant, around the day preceding the Defendant, and the employees employed by the Defendant were subscribed to the former North Korean motor vehicle labor union.
3. Since bus companies entered into a collective agreement as above, some of workers belonging to the Defendant entered into the instant old-age union, and the instant old-age union continuously requested collective bargaining since around that time to enter into a collective agreement with bus companies. However, bus companies already entered into a previous old-age car union.