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(영문) 광주지방법원 2017.01.19 2016가합55716

징계의결무효 확인 청구의 소

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1. On May 13, 2016, the Defendant confirmed that the two-year disciplinary action against the Plaintiff’s political authority against the Plaintiff is invalid.

2...

Reasons

1. Basic facts

A. The defendant is a branch of the Korean Automobile Trade Union Federation (hereinafter referred to as the “Labor Union”), Gwangju, Jeonnam Regional Automobile Trade Union (hereinafter referred to as the “instant Trade Union”), and the plaintiff is a member of the defendant's association, who was working as a representative of the Seoul Branch of the Seoul Metropolitan Council from December 11, 2013 to December 10, 2015.

B. The instant agreement and the Defendant’s executive election 1) as of November 12, 2015, the Plaintiff agreed with the head of the Defendant’s branch office C on behalf of the head of the Defendant’s branch office C, D of the Gwangju branch office D, and Defendant Association members E (hereinafter “instant agreement”).

I would like to agree upon A’s appointment of A’s delegate as the Secretary General, in the presence of Director D, Representatives A(Plaintiffs) and F, and I would be responsible for C’s non-performance.

2) I promise that I will assume all responsibilities for C to the head of the next branch in order to be unable to win, D, and Representatives A, even in the election of executive officers in 2017, as the 12 branch heads of the 12 branch heads of the sub-branch C, D, A, F, and the end of election.

2) On November 13, 2015, the Defendant’s election commission publicly announced the Defendant’s election of executive officers, and conducted the Defendant’s election of executive officers on the 21st of the same month, and Nonparty G was elected as the head of the Defendant’s branch. C. The instant disciplinary action and review conducted on May 4, 2016, the Seoul Branch made a public announcement of convening a temporary representative meeting with the subject matter of disciplinary action against the Plaintiff on May 12, 2016. The Defendant’s election commission, via the temporary representative meeting, made a resolution of disciplinary action against the Plaintiff for a violation of Article 48(2)10, 12, and 14 of the Defendant’s Regulation against the Plaintiff on the 13th of the same month.

(2) On May 13, 2016, the Plaintiff filed a request for review of the above disciplinary decision with respect to the Defendant, which was notified of the result of the above disciplinary action by the Defendant, but the request for review was dismissed on the 26th of the same month.