Whether a member of the industrial associated organization may intervene in a dispute of an affiliated trade union regardless of the intent of the organization (affirmative)

The proviso of Article 13-2 of the Trade Dispute Mediation Act, which provides that a trade union which has joined an industrial associated organization does not involve in an industrial action according to the intent of the industrial associated organization, is not subject to the application of the proviso of Article 13-2 of the Trade Dispute Mediation Act, unless it is considered as a third party intervention.

Article 13-2 of the Trade Dispute Mediation Act

Defendant

Defendant

Attorney Shin Jae-in

Busan High Court Decision 89No916 delivered on December 27, 1989

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

1. The defendant's ground of appeal and the first ground of appeal by defense counsel

If the evidence of the first instance court maintained by the court below is examined by comparing it with the records, it can be sufficiently recognized that each crime of this case is committed by the defendant, and it cannot be deemed that there was an error of law by misunderstanding facts affecting the conclusion of the judgment by violating the rules of evidence, such as the theory of lawsuit

2. Judgment on the ground of appeal No. 2 by the defense counsel

Even if the defendant is an industrial associated organization member of the Korea Metal Trade Union, which is an industrial associated organization to which the Changwon Factory Trade Union was a member, such as the novel theory, insofar as the defendant does not engage in the act of participating in the industrial action of the Changwon Factory Trade Union of the Korea Metal Trade Union according to the will of the National Metal Trade Union Federation, it shall be deemed that the proviso of Article 13-2 of the Labor Dispute Mediation Act is not applicable. Thus, there is no reason to discuss.

3. Therefore, the defendant's appeal is dismissed, and part of detention days after the appeal is included in the original sentence of the judgment of the court of first instance. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-sung (Presiding Justice)