(a) Criteria for determining whether a new trade union shares an object of organization with the existing trade union;

(b) Whether a trade union is established subject to the organization of only a specific type of business among the various types of business listed in the bylaws of the National Federation of Trade Unions, which do not belong to any existing specific industrial trade union and consisting of mutually different types of business (affirmative);

A. The purport of the proviso of Article 3 subparag. 5 of the Trade Union Act, which allows multiple labor unions to be organized, should be determined by considering the nature of the duties of the members of a trade union, the type of occupation, the scope of the composition of a trade union members, etc., comprehensively taking into account the nature of the duties of the members of a trade union, as well as the nature of the duties of the members of a trade union, as well as the basic contents of the labor union as guaranteed under the Insurance Act, inasmuch as a trade union allows multiple labor unions, such as strike fighting between and among the trade unions, the degree of unity caused by excessive competition, the complexity of application of collective bargaining and collective agreement, and the prevention of the establishment of a fish union by employers.

B. Since the National Federation of Trade Unions cannot be deemed to be an industrial associated organization under Article 13(2) of the above Act, which does not belong to any existing specific industrial trade union and is composed of the unit trade unions belonging to each other, it shall not be deemed to be a trade union which is an industrial associated organization under Article 13(2) of the above Act. As such, a trade union which is a associated organization with only a specific type of business among the various types of business listed in the rules of the above federation shall be allowed as an industrial associated organization under the above provision of the above

(a) Article 3 (b) of the Trade Union Act;

National Federation of Hospital Workers' Unions

The Minister of Labor;

1. The defendant's disposition of reflection on the establishment of a trade union against the plaintiff on January 7, 1989 shall be revoked.

2. The costs of lawsuit are assessed against the defendant.

The same shall apply to the order.

1. In full view of the evidence Nos. 1 and 2-1 through 16 of the evidence Nos. 2 and the testimony of the witness stand-on good faith, the plaintiff submitted a trade union establishment report to the defendant on December 5, 1989 after completing the general meeting of trade union establishment on December 17, 198, as a trade union consisting of medical services, health services, and other related trade unions. The defendant can recognize the fact that the plaintiff made a disposition to return the above establishment report on Jan. 7, 1989 on the ground that the plaintiff is disqualified under the proviso of Article 3-5 of the Trade Union Act, on the ground that the plaintiff is a member of the Korean Union Federation of Trade Union (the next non-party union).

2. According to Article 13(2) of the Trade Union Act, the Plaintiff’s trade union, which is an industrial union, shall be comprised of unit trade unions of the same industry. The non-party’s federation shall not be deemed an industrial union as a trade union. Thus, even if the non-party’s association adopts the labor union related to medical services as one of its members under its bylaws, it cannot be deemed that the Plaintiff is an organization with the non-party’s member. Thus, even if the Plaintiff is a person subject to domestic organization, the Defendant’s disposition of this case is unlawful, and even if it is a person subject to domestic organization, Article 8(1) of the Trade Union Act, which is the grounds for delegation of the law, is invalid since the Defendant’s report on the establishment of a trade union is an invalid disposition which lacks the legal basis for delegation of the law, and the Republic of Korea’s disposition of this case’s restriction on the establishment of economic and cultural rights under the proviso to Article 19(1) of the International Trade Union Act.

3. First, we examine whether the Plaintiff is sharing an object of organization with the non-party Federation.

The evidence Nos. 1, 2-1 through 78, Gap evidence Nos. 5 through 10, Gap evidence Nos. 11-1 through 11, Gap evidence Nos. 12-1 through 7, Eul evidence Nos. 3 and Eul evidence Nos. 5, and the testimony of witnesses are included in the list of non-party 1's evidence Nos. 1, 2-1 to 10, the non-party 5's union is established as an associated organization of Sep. 21, 1961; the non-party 5's union is established as an industrial organization of the Republic of Korea; the non-party 1's union's membership in the list of non-party 1's identification Nos. 2-1 to 16; the non-party 2's membership in the list of non-party 1's industrial cooperatives; the non-party 1's union's membership in the bylaws and other domestic sanitary organizations; the plaintiff 1's union's membership in the union; the non-party 1's membership.

However, the legislative intent of the proviso of Article 3 (5) of the Trade Union Act, which denies the same group of labor unions, is to encourage multiple labor unions, such as the strike fighting between trade unions, the weakening of union power caused by excessive competition, the difficulty in collective bargaining and the complexity of applying collective agreements, and the prevention of the establishment of a fish union by employers. Thus, whether a new trade union is sharing a group of union with an existing trade union should not be determined simply on the basis of the formal contents of the union regulations, and in light of the above legislative intent, it should be determined by comprehensively taking into account the nature of the duties of members of the trade union, the type of occupation, the scope of composition of the union members, etc., and whether the fundamental contents of the union right guaranteed by the Constitution

However, according to its combination method, a trade union may be divided into a unit trade union consisting of individual workers and a federation consisting of unit trade unions. Article 13(2) of the Trade Union Act provides that a trade union consisting of an associated organization shall be comprised of unit trade unions of the same industry. According to the facts acknowledged above, the non-party federation shall not be deemed a trade union under the current Trade Union Act if it consists of at least 5 units trade unions that do not belong to any existing specific industry union, and it shall not be deemed a trade union that is an industrial associated organization under the current Trade Union Act, in accordance with Article 2 of the Addenda of the Trade Union Act amended on November 28, 1987, the non-party federation shall not be deemed a trade union established under the current Trade Union Act. Thus, as the plaintiff, a trade union that is established as an associated organization consisting of only a specific industry among various industries listed in the rules of the non-party federation shall be permitted as an industrial associated organization under Article 13(2) of the Trade Union Act, and such trade union shall not be viewed as the proviso to Article 3 of the above.

Thus, the plaintiff does not share the object of organization with the non-party federation. Thus, the defendant's disposition of this case on different premise is illegal without examining the remaining arguments of the plaintiff.

3. Conclusion

Therefore, the plaintiffs' claim of this case seeking the cancellation of the disposition of this case is justified, and the costs of lawsuit are assessed against the losing defendant and it is so decided as per Disposition.

Judges Cho Yong-chul (Presiding Judge)