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(영문) 서울고등법원 2020.11.20 2020나2012385

노동조합대표자지위확인 등 청구

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons why the court's explanation in this part of the underlying facts is based on the dismissal of "one accounting auditor" as "two accounting auditors", and "39 persons" as "40 persons", respectively.

3) Paragraph (3) is sealed as indicated below, and Paragraph (5) is below, with the exception of adding “each entry in the evidence Nos. 2 through 9, and 26” to “(based on recognition)”, the part related to this case in the Defendant’s bylaws (based on the evidence No. 10), which was in force at the time of the resolution of the non-Confidence of the elected person in this case, is as follows. As such, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

Part III: Members of the Association under Article 11(Rights) shall have the following rights with respect to unions:

5. A member under Article 12 (Duty) of the No-Confidence Rights to Executive Officers, Executive Officers, and Representatives, who have been directly elected, shall have the following obligations:

1. He/she shall observe the regulations for operation of the association and the resolution by various institutions;

2. He shall be bound to keep confidential information necessary for the activities of the cooperative;

3. It is obligated to pay union dues and various kinds of funds;

4. It is obligated to observe the regulations of organization and to maintain the reputation of the union;

Chapter 4 Organizations and 15(Organization) Unions shall have the following institutions:

1. The general meeting under Section 1 of Article 16 (Organization and Convocation) of the General Meeting shall be comprised of all the union members, as the highest deliberative body of the union, and the general meeting shall be held once a year during December of each year;

Article 17 (Functions of General Meeting)

1. The functions of the general meeting shall be as follows:

(1) Matters concerning the enactment and amendment of the regulations. (2) Election and resignation of officers, and matters of non-Confidence, and other important matters.

2. The phrase “the name” stated in the defendant’s bylaws substituting the general meeting appears to be a clerical error.

The board of representatives may be established, but the following matters shall be subject to resolution by all members:

(1) Merger, or merger.