[1] Whether the section chief of class IV in general service of agricultural cooperatives constitutes "a person who acts on behalf of an employer" under Article 2 subparagraph 4 (a) of the Labor Union and Labor Relations Adjustment Act (affirmative)

[2] In a case where an employee who is not qualified as a trade union member is admitted to a trade union, whether the employer needs to preserve the employee from prohibiting the act as a trade union member even after the industrial action is terminated (affirmative)

[1] In light of the fact that the director of the division in general service of agricultural cooperatives can take charge of the position of the regular director who is classified as executive officer under the personnel management regulations, and that the employees of Grade IV or higher have general supervisory authority, authority to suspend and restrict their duties and authority to evaluate their duties, and authority to decide on important matters concerning personnel affairs by being designated as a member of the personnel management committee, the director of the division in general service of agricultural cooperatives constitutes a person who acts on behalf of the full-time employer and is not qualified as a trade union member.

[2] If an employee who is not qualified as a trade union member is admitted to a trade union, the employer is acknowledged to have the necessity to prohibit the employee from performing his/her activities as a trade union member even after the industrial action is terminated.

[1] Article 2 subparagraph 4 (a) of the Labor Union and Labor Relations Adjustment Act / [2] Articles 277 and 301 of the Civil Execution Act

Jin Seo-gu Agricultural Cooperatives (Law Firm Seo-Gyeong, Attorney Kim Jong-young, Counsel for the plaintiff-appellant)

Kim-con et al. (Attorneys Yoon Dong-dong et al., Counsel for the defendant-appellant)

October 24, 2003

1. As to the provisional disposition application case of prohibition of obstruction of business between the creditor and the debtor, this Court approved the part of the debtor Kim Jong-sub among the provisional disposition decision made on July 8, 2003, and revoked the part of the debtor Kim Jong-su and Cho Chang-soo.

2. The creditor's motion for the above provisional disposition against the debtor Kim Jong-woo and Cho Chang-soo is dismissed.

3. Of the costs of lawsuit, the part arising between the obligee and the obligor Kim Jong-ok is borne by the obligee by the same obligor, the part arising between the obligee and the obligor Kim Jong-soo and Cho Chang-soo.

4. The part on the obligor Kim Jong-woo and Cho Chang-soo in paragraph (1) may be provisionally executed.

Creditors: To authorize the provisional disposition order mentioned in paragraph (1) above.

The debtor shall revoke the provisional disposition order as stated in the Disposition No. 1, and the provisional disposition application as stated in the Disposition No. 1 shall be dismissed.

1. Basic facts

The following facts are not disputed between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each of the evidence Nos. 2, 4, 27, and 28-1, 2, 5-5, 3, 4-7, 7-7, 10 through 15, 25, 26, 16-1, 2, 8, 3, 38-3, 6, 7, 9, 11, and 18 of the wall.

A. The creditor is a cooperative established for the purpose of promoting the agricultural production and promoting the welfare of its members, and the 82 members, including the debtor Kim Gi-su and Kim Jong-su, are members of the Gyeong-ju branch of the Korea Agricultural Cooperative Association (hereinafter referred to as the "Cul branch").

B. The creditor association consists of 10 branches under its head office and 10 branches under its head office. The head office shall be the president of the association, who shall exercise overall control over the affairs of the association, which are divided into three fields, including planning, credit, and economy, and the following three regular directors shall exercise overall control over the affairs of the association, which are divided into three fields, including planning, credit, and economy, and the director or vice-director shall exercise overall control over the affairs of the division and the affairs of the division and the director or vice-director shall exercise overall control over the affairs of the division. The branch office of the creditor association shall be the director of the division or vice-director, who is the director of the division or vice-director. The branch office of the creditor association shall be the director of the branch office

C. A creditor union’s general office position is set forth in 1 to 6. A general office position is set out in 1 to 6. A general office position is set out in 1 to 2. A general office position is set out in 3 to 3. A general office position is set out in 4 to 5. A general office position is set out in 5 to 5.

(d) The creditors’ association shall classify the position above the regular director in the position (Article 76 of the Personnel Management Regulations), and the employees of Grade IV or higher in the position shall be responsible for the supervision if a lower-ranking employee fails to exercise properly his or her authority (Article 7 of the Scope of Duties Regulations).

E. A managing director who is in charge of a position such as a senior director, a branch director, and a branch director may, if necessary, delegate part of his authority to the chief of the division under his supervision (Article 6 of the Scope of Duties Regulations) with the approval of the president of the association (Article 6 of the Scope of Duties Regulations), and the chief of the division shall be the first appraiser in evaluating the performance of his/her duties (Article 18 of the General

F. A creditor association has a personnel committee to decide on the recruitment, commendation, disciplinary action, compensation decision, and other important matters concerning personnel affairs. The personnel committee is composed of not more than nine members, including a president of the association, a standing director (or a general director), a non-standing director, and not more than three employees appointed by the president of the association (Article 92, Article 93 of the Personnel Management Regulations).

G. The debtor Kim Jong-sik is a class 4 director, who takes charge of all affairs, such as planning, general affairs (person in charge of personnel affairs, salary, management of roots), daily audits, claims management, facility management, and safety management, etc. at the creditor union's relocation point, and takes charge of four deputy and one contracting officer. The debtor Kim Jong-soo, who is a class 5 representative, serves in the principal office of the creditor association, shall assist the head office and branch office in planning, business plans, and credit and economic analysis, and the debtor's assistance head office is the vice-chief of the office of the office of the Kim Jong-soo headquarters of the non-party agricultural trade union.

H. On June 10, 2003, in order to renew a collective agreement at the expiration of the time limit, the creditor and the Western branch conducted negotiations from May 19, 2003 in order to renew the collective agreement at the expiration of the time limit, but on June 7, 2003, the creditor and the Western branch decided to file an application for mediation with the Regional Labor Relations Commission of the Daejeon Regional Labor Relations Commission on June 7, 2003, and from June 23, 2003, the company decided to engage in strike from June 00 to June 23, 2003, and accordingly, the debtor refused to perform its duties by leaving the workplace as a member of the labor union belonging to the debtor Kim Jong-ju and Kim Jong-sik, while entering the creditor’s association, the debtor's participation in

I. The obligee, as a representative of the obligor Kim G-Woo and Kim-Woo, is not qualified as a trade union member, and the obligor's early failure is not qualified as a trade union member due to the lack of labor relations with the obligee, and sought a prohibition of industrial action and obstruction of business against the obligor Kim G-W, and the obligor's early failure, and filed a provisional disposition seeking prohibition of entry into and departure from the principal office and branch office of the obligee union. On July 8, 2003, this court accepted the obligee's application and decided the obligor's provisional disposition of prohibition of interference with business and prohibition of entry.

E. On July 31, 2003, a labor dispute action by the Western Conference was concluded by the labor-management agreement. The creditor and the Western Conference agreed that all the labor union members participating in the strike shall return to normal work from August 4, 2003 to the normal work so that the creditor’s business is normalization, and the debtor Kim Jong-W, Kim Jong-woo et al. returned to work in accordance with the above agreement, and the creditor’s business was completely normalization.

2. Creditor's assertion;

As above, the debtor Kim Jong-sik and Kim Jong-sik all participating in an industrial action, even though they cannot be a trade union member as a person acting on behalf of the employer at all times, they interfere with the creditor's business by joining a sub-council and participating in the strike while engaging in the strike. The debtor's assistance does not have a labor contract relationship with the creditor, and they participate in the industrial action, such as attending and interfering in the collective bargaining even though they are not qualified as a union member. If the debtor continues such industrial action, the creditor is likely to suffer irrecoverable damages.

3. Determination

A. In light of the fact that the debtor Kim Jong-sub is a person who acts on full-time part of the employer's interest and is not qualified as a trade union member, and therefore, it shall not be allowed to participate in the ordinary activities of the trade union as well as the industrial action and ordinary activities of the ordinary trade union at ordinary times. In addition, as long as the debtor Kim Jong-sub is a trade union member of the Western-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

B. The debtor Kim Jong-woo is a class 5 representative in general service who acts on behalf of the employer at all times, or there is no evidence to deem that the creditor's trade union-related policies or personnel secrets are dealt with in the contents of his/her duties. Therefore, the creditor's right to receive a provisional disposition against the debtor Kim Jong-woo has no evidence to acknowledge this. Thus, the creditor's application for provisional disposition against the debtor Kim

C. The debtor's assistance is the director-general of the National Headquarters for the Korea Development Bank of Korea who is the director-general of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch

4. Conclusion

Therefore, the application of the provisional disposition in this case against the debtor Kim Jong-sub by the creditor is well-grounded, and since the objection by the debtor Kim Jong-sub is without merit, the creditor's application of provisional disposition in this case against the debtor Kim Jong-su by the creditor is without merit, and the above debtor's objection is with merit, the provisional disposition in this case against the above debtor is revoked, and the application of provisional disposition in this case against the above debtor is dismissed. It is so decided as per Disposition.

Judges Yoon Nam-nam (Presiding Judge)