The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant is the representative of the D Trade Union in Gangseo-gu Seoul Metropolitan Government.

An administrative agency may, upon a request of an interested person, order the correction thereof with a resolution of the Labor Relations Commission, and a trade union in receipt of the corrective order shall execute it within 30 days.

The above trade union rules stipulate the "matters concerning the enactment and amendment of rules and regulations," and the "matters concerning the establishment, accession, or withdrawal of the associations" as the resolution of the representatives' meeting.

On March 4, 2010, the Defendant rejected the motions for the Delegating Congress to revise the “matters concerning the establishment, joining, or withdrawal of a union organization,” which are stipulated as the rules of the above trade union and the resolutions of the Delegating Assembly, to the matters to be resolved at the general meeting of the union

4.27.0 to 27.0

4. By the end of 28.28, the above trade union held a general meeting and passed a resolution with the consent of 80.18% by presenting the amendment agenda items to the general meeting’s amendment of “matters concerning the establishment, joining, or withdrawal from the union,” among the rules prescribed as the resolutions of the representatives’ meeting.

Accordingly, on June 8, 2010, three persons, including E, of the above trade union, who are interested parties, applied to the competent administrative agency for the correction of the above general meeting resolution. On September 17, 2010, the competent administrative agency received a resolution on the corrective order from the Seoul Regional Labor Relations Commission for the above general meeting resolution, and ordered the Defendant to make correction until January 5, 201.

Nevertheless, the Defendant failed to comply with the corrective order issued by the administrative agency within 30 days, and violated it.

2. Determination

A. The instant case’s assertion by a defense counsel (Defendant) (1) Article 16 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Act”) provides for the necessary resolution by the general meeting.