The meaning of "a person who acts on behalf of an employer" under Article 5 of the Trade Union Act;

The term "person who acts on behalf of a business owner with respect to the matters concerning workers" in Article 5 of the Trade Union Act means a person who has certain authority and responsibility from the business owner with respect to the matters such as the determination of working conditions, such as personnel affairs, wages, welfare, labor management, etc., or the order or direction and supervision on duties.

Article 5 of the Trade Union Act

Plaintiff

The Chairman of the National Labor Relations Commission

Attorney Lee Young-soo et al., Counsel for the defendant-appellant-appellee

Seoul High Court Decision 87Gu1135 delivered on May 6, 198

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

(1) According to the reasoning of the judgment below, the court below held that since the plaintiff was a worker who was employed in the production side and the sales side of the defendant company's defendant company, and the non-party who was employed in the production side and the sales side of the above company (the recommendation of the plaintiff's company's company entry into the above company) is in a position to supervise the plaintiff's labor-related matters, the above non-party at least constitutes "a person who acts for the plaintiff with respect to the matters concerning the workers of the business" in relation to the plaintiff's labor-related relations, and therefore, the defendant's act of distributing printed materials with the plaintiff's labor union representative and the non-party who was employed in the defendant company's production side and the sales side of the company's production side constitutes an unfair labor-related act under Article 39 subparagraph 1 of the Trade Union Act.

(2) However, Article 5 of the Trade Union Act provides that "the employer means a business owner, a person in charge of business operation, or a person who acts on behalf of the business owner with respect to matters concerning workers." Thus, "the person who acts on behalf of the business owner with respect to matters concerning workers" refers to a person who is given certain authority and responsibility with respect to the determination of working conditions, such as workers' personnel, wages, welfare, labor management, etc., or orders, direction, or direction, supervision, etc. of the business. Thus, whether the participant company's official work and the representative of the division constitutes "the person who acts on behalf of the business owner with respect to matters concerning workers" shall be determined according to whether the non-party has been granted certain authority and responsibility from the business owner with respect to certain matters concerning workers. Therefore, the court below should first determine whether the above non-party is a person who is granted certain authority and responsibility from the business owner with respect to certain matters concerning workers. It does not reach the judgment below that the non-party is erroneous in the misapprehension of legal principles or supervision of matters concerning employers.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)