1. Revocation of a judgment of the first instance;

2. The Defendant issued an order to take a trade union resolution against the Plaintiff on December 3, 2010.

1. Basic facts

A. Article 15 of the former Regulations of the Association (amended by April 28, 2010; hereinafter referred to as the "Rules of this case") provides that "this association shall have the following organizations," and Article 23 provides that "the matters to be resolved by the Congress regarding the enactment and amendment of regulations and regulations (Article 1)", "matters concerning the establishment of and admission to, or withdrawal from, the Union (Article 5)", and Article 95 provides that "the proposed rules shall be announced by the chairperson for a period of not less than seven days for a period of not less than 2/3 days from the date on which the amendment of the Regulations was publicly announced." Article 95 provides that "The amendment of the Regulations must be approved by the attendance of representatives and the consent of not less than 2/3 of the incumbent representatives present at the Assembly within 20 days from the date on which the amendment was announced."

B. The Plaintiff’s chairperson B proposed 10 items of the draft amendment, such as the amendment of “matters concerning the establishment, accession, or withdrawal of a union organization,” which is stipulated as the resolution of the representatives’ meeting pursuant to Article 23 subparag. 5 of the instant protocol, to the extent that the resolution of the Plaintiff’s general meeting was made. However, as a result of the 9th Congress held on March 4, 2010, the amendment of “matters concerning the establishment, accession, or withdrawal of a union organization” among 10 items of the draft amendment of the rules was rejected.

C. On April 15, 2010, 33 registered representatives, such as the representative C of the Plaintiff’s Congress, submitted to the Plaintiff a written request for holding a conference for the purpose of meeting “matters concerning the withdrawal of a union organization” but B did not comply with the said request.

On April 19, 2010, the Plaintiff’s agenda items, such as “matters concerning the amendment of the Regulations (matters concerning the establishment, joining, or withdrawal of a union organization, shall be amended to the matters to be resolved at a general meeting at the representatives conference).”