Whether the purpose of distribution of documents is to promote the enhancement of workers' economic and social status, and whether the distribution of documents falls under the legitimate scope of activities of a trade union if the contents of the documents are deemed as a whole and true, even if the character of others is damaged by the language and text of the documents distributed as a trade union activity

Even if the personal reputation, etc. of others is damaged, injured, or likely to be damaged, injured, or impaired by the language and text stated in the document distributed as a trade union activity, and part of the facts stated in the document is false or exaggerated or distorted, if the purpose of distribution of the document is not to infringe upon the rights or interests of others, but to promote the unity of the members of the trade union, the maintenance of the working conditions, the promotion of workers' welfare, and the enhancement of economic social status, and the contents of the document are true in view of the whole, it shall be deemed that the distribution of the document falls under the legitimate scope of activities

Article 27 of the Labor Standards Act, Article 39 subparag. 1 of the Trade Union Act

Plaintiff 1 and two others, Plaintiffs et al., Counsel for the plaintiff-appellee and one other, Counsel for the plaintiff-appellee)

[Defendant-Appellee] Plaintiff 1 et al., Counsel for defendant-appellee)

Seoul High Court Decision 91Na56297 delivered on January 19, 1993

1. The part of the judgment below against the defendant against the plaintiff 1 is reversed, and the case is remanded to the Seoul High Court.

2. The defendant's appeal against the plaintiff 2 and 3 is dismissed.

3. The costs of appeal against the dismissed portion are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

1. The determination of the court below as to the points out of the theory of lawsuit (the non-party subordinate use, who is the Secretary-General of the defendant corporation, and the non-party Park Yong-ran, who served as the deputy secretary-general of the defendant corporation and as the deputy secretary-general of the education newspaper company under the defendant corporation, has been subject to the criticism and suspicion of the employees of the defendant corporation secretariat in relation to the performance of their duties as the Secretary-General and the deputy secretary-general, and thus, the part of the printed matter distributed to the officers and employees of the defendant corporation in order to urge their withdrawal is objectively true, and the plaintiffs' usual duty attitude of the plaintiffs' ordinary duty is very unfaithful, the decision of the court below is just in light of the evidence relation as stated in the judgment of the court below, and it cannot be deemed that there is no error of law by either violating the rules of evidence or interpreting the service regulations of the defendant corporation (the "service regulations" after this is referred to as "service regulations") and there

2. If the facts are duly established by the court below, the plaintiffs, who are executives of the labor union organized by the secretariat of the defendant labor union (hereinafter referred to as the "labor union") are merely officers of the labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor union's labor.

Therefore, the judgment of the court below which held that it is improper that the above acts of the plaintiffs violate Articles 3, 5, and 31 of the Service Regulations and thus, they should be deemed as grounds for disciplinary action for removal or dismissal against the plaintiffs is justifiable. The judgment of the court below cannot be deemed as erroneous in the misapprehension of the service regulations or in the misapprehension of legal principles as to the scope of activities and legitimacy of trade unions as in the theory of the lawsuit. Thus, there

3. Even if there is a false, exaggerated or distorted fact-finding in the document that is written in the statement distributed as a trade union activity, the distribution purpose of the document is not to infringe upon the rights or interests of others, but to promote the unity of the union members, the maintenance of the working conditions, the promotion of workers' welfare, and the enhancement of other economic status, and if the contents of the document are true as a whole, it shall be deemed that the distribution of the document belongs to the legitimate scope of activities of the trade union, and therefore, it shall not be allowed to disadvantage workers who prepared and distributed the document on the ground that the act was conducted.

If the facts are duly determined by the court below, the plaintiffs' act of preparing and distributing in the name of trade union the inducements that urge their retirement by pointing out the misconduct of the above sub-use and gambling cancer is not supported by evidence, but merely based on the whole false facts although some of the contents of the inducements are not somewhat exaggerated or emotionally distorted, and the main purpose of its preparation and distribution is not to damage their reputation, but to criticize their criticism and to urge their withdrawal as a correction method rather than to damage their reputation, and to strengthen their unity and to maintain their working conditions and economic social status. Accordingly, the plaintiffs' above acts fall under the legitimate scope of activities of trade union. The plaintiffs' above acts constitute the legitimate scope of activities of trade union. The plaintiffs' duty to comply with the articles of association under Article 3 of the Service Regulations by infringing upon the personnel rights of the chairperson of the defendant corporation, or the duty to establish the relationship with the process under Article 4 and the duty to maintain dignity or to prohibit collective action under Article 31 cannot be viewed as a violation of the duty of collective action. Thus, the court below's decision is justified and justified.

4. Meanwhile, on April 14, 1989, at an interview with the journalist of the Teachers' Consultative Council in Seoul Special Metropolitan City, the lower court determined that the above act did not constitute a violation of the duty to establish a job discipline under Article 3 of the Service Regulations, in light of the freedom of speech guaranteed under the Constitution, and thus, cannot be deemed as a violation of the duty to establish a job discipline under Article 3 of the Service Regulations.

However, in light of the purpose organization of the Korean Teachers' Association and the functions of the secretariat of the Korean Teachers' Association, which are stipulated in the articles of incorporation of the defendant corporation, and the contents of personnel regulations, the evaluation of the educational aspect of the defendant corporation's organization and activities of the Korean Teachers' Association is related to the purpose or business of the defendant corporation organized by the City Teachers' Association, etc., and it is understood that it is not directly related to the establishment of the union or the maintenance and improvement of the working conditions of the union members. Thus, the defendant corporation's employees must fulfill their duties in accordance with the service regulations of the secretariat (Article 2), and the above plaintiff has duties to establish the working discipline and to respect order (Article 3) by observing the articles of association, all regulations and official orders (Article 3), and if the above plaintiff publicly expressed opinions contrary to the policies of the defendant corporation against the Korean Teachers' Association at an interview with the teachers' Association of Seoul District Teachers' Associations, the above plaintiff's above act does not constitute an unlawful act in violation of Article 3 of the Constitution or the freedom of press.

5. Therefore, the part of the judgment of the court below against the defendant against the plaintiff 1 is reversed, and the above plaintiff's motive and purpose of the above act, circumstances to be taken into account in the determination of service performance records and other disciplinary actions of the above plaintiff, etc. are examined. The defendant's dismissal of the above plaintiff is remanded to the court below for a determination as to whether the above act is justified, and the defendant's appeal against the defendant and other plaintiffs is dismissed, and the costs of appeal against the dismissed part are assessed against the defendant against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ahn Yong-sik (Presiding Justice)