The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Article 16(1)8 and Article 16(2) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) which permits a trade union to make a structural change through the attendance of a majority of the incumbent union members and the resolution of a general meeting with the consent of two-thirds or more of the union members present during the process of the establishment and existence of a trade union (hereinafter “instant provision”) subject to the trade union established under the Trade Union Act, and does not apply to the mere internal organization or organization of a trade union. However, even if an industrial trade union’s subdivision, etc. is an independent trade union or an independent trade organization similar to a trade union, if it constitutes an unincorporated association as an independent trade union or an independent trade union, it shall be deemed that the trade union can change its affiliation and convert it into an independent company-level trade union by a resolution of an independent and democratic general

However, if a subdivision, etc. of an industrial trade union becomes an internal organization for the activities of an industrial trade union, such resolution may not be permitted. Therefore, it should be carefully deliberated and determined whether the subdivision, etc. has the substance as an independent trade union or an independent workers’ organization similar to a trade union.

(2) According to the reasoning of the first instance judgment and the record maintained by the lower court on February 19, 2016, the lower court: (a) held a general meeting on two occasions on May 19, 2010, and June 7, 2010, the Plaintiff’s Intervenor’s Intervenor’s branch (hereinafter “D branch”) incorporated into the Plaintiff’s Intervenor’s Intervenor, an industrial trade union, and the Plaintiff’s Intervenor’s subsidiary branch (hereinafter “D branch”) made each of the instant resolutions with the content that the Plaintiff’s structural form was changed into the “EA trade union,” which is a company-level trade union; and (b) made each of the instant resolutions with the content that the Plaintiff’s Intervenor was selected from April 2012.