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(영문) 대전지방법원 2015.10.14 2014가합5894

해고무효확인

Text

1. On July 25, 2014, the Defendant confirmed that the expulsion of a member against the Plaintiff is null and void.

2. The costs of lawsuit shall be.

Reasons

Basic Facts

The defendant is one of the subordinate branches of the CFDD and the plaintiff is a member belonging to the defendant.

As the term of office of the defendant, the head of the defendant's branch office, expired, on June 24, 2014 and on February 27, 2014, the new election for the head of the branch office (hereinafter "the election of this case") was held, and the plaintiff was elected as a candidate for the head of the branch office.

However, during the election period of this case, the Plaintiff did not obtain approval from the Defendant Election Commission, but disclosed the details of the Defendant’s trade union expense disbursement to the head of the branch office in transparent manner, and distributed each printed article stating the details of the Defendant’s election campaign campaign to request the Plaintiff to select for a new change of the Defendant (hereinafter “the instant printed article”). Accordingly, the Defendant Election Commission decided to invalidate the Plaintiff’s election on June 27, 2014 on the ground that the Defendant Election Commission violated Article 30 subparag. 5 and 10 of the Defendant Election Management Regulations, and publicly announced it.

On January 15, 2015, the Plaintiff filed a petition against the Defendant for confirmation of the election of the head of the trade union branch office in relation to the above election of the head of the Daejeon District Court 2014Gahap4983. On January 15, 2015, the said court dismissed the Plaintiff’s claim to the effect that the Plaintiff’s election is invalidated in violation of Article 31 of the Defendant Election Management Regulations, and the said judgment became final

The defendant's disciplinary action against the plaintiff is "the first expulsion disposition against the plaintiff" on July 9, 2014, on the ground that the plaintiff violated Article 51 (10), 12, and 16 of the defendant's bylaws by holding a standing committee for the executive of regular affairs on July 9, 2014.

the resolution was adopted to B.

On the other hand, prior to the first expulsion, the Defendant did not notify the Plaintiff of the fact of holding the standing committee or give the Plaintiff an opportunity to vindicate the grounds for the disciplinary action.

The defendant on July 9, 2014.