The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is that the Defendant received a certificate of union establishment report from the Mayor of Incheon Metropolitan City on February 6, 2003 under the name of the “D Trade Union” and received the same year.

8. On May 1, 200, the Mayor of Incheon Metropolitan City received a notification from the head of the Si/Gun/Gu that it is not deemed a trade union

No person may use the title "trade union" unless the trade union is established under the Trade Union and Labor Relations Adjustment Act.

Nevertheless, around January 4, 2012, the Defendant used the name of a trade union by setting up a flag, banner, etc. stating “H trade union” in front of the G main office in Gangnam-gu Seoul, Seoul, and by holding around 5-6 times each month from around that time to March 2013, and using the name of a trade union by continuously operating the Internet homepage of “H trade union” from August 2003 to July 2013, the Defendant used the name of a trade union by posting the mark of “H trade union” at the top of the website while continuously operating the Internet homepage of “H trade union.”

2. Determination

A. Article 7(3) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) provides that “no trade union, other than a trade union established under this Act, may use the name of a trade union.” The person who violates the above provision shall be punished by a fine not exceeding five million won pursuant to Article 93(1). A person who wishes to establish a trade union pursuant to Articles 10 through 12 of Chapter II of the Trade Union Act shall submit a report to an administrative agency, and the administrative agency shall issue a return of the report or a certificate of report through the prescribed review and supplementary request, etc., and the administrative agency shall issue a certificate of report pursuant to Article 12(4) of the Trade Union and Labor Relations Adjustment Act (hereinafter “trade union shall be deemed to have been established at the time of receipt of the report of establishment.”

(b).