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(영문) 울산지방법원 2017.09.28 2017가합20643

총회결의무효확인

Text

1. Of the instant lawsuit, Plaintiff B’s lawsuit and Defendant D, Defendant E, Defendant F, Defendant G, Defendant H, Defendant I, and Defendant J.

Reasons

Based on the facts, the head of the relevant defendant branch of the relevant parties is a branch consisting of cargo transport workers of C (hereinafter referred to as “C”) affiliated with the Gangseo-gu Branch of the Ulsan District Court of the Republic of Korea, which is a headquarters for the Special Employment and Joint Employment of the Democratic Labor and Labor Union (hereinafter referred to as “cargo”) and the rest of the Defendants are members of the defendant branch who hold office as a member of the execution committee.

Plaintiff

A worked as a member of the Gangwon District Branch in the U.S. District Department in 2007, and the defendant branch was established in 2013, and the defendant branch was working as a member of the defendant branch for two years, while working as a member of the defendant branch.

The amendment of the rules, etc. to the branch of the defendant shall hold an ordinary general meeting on May 3, 2015, and “the entry and release of the defendant branch shall be decided by the Executive Committee to maintain the order of the branch members” shall be deemed to be “the resolution of May 3, 2015,” which is “the resolution of May 3, 2015.”

On September 24, 2016, the Defendant Branch admitted the rules of the branch of the Defendant Branch, which was amended to the unanimous order among 24 members, including Plaintiff A, among 35 members in the bus, to a strike for the general strike of the cargo solidarity. The relevant rules and the main contents of the rules before and after the amendment of the rules and the rules of the branch of the Defendant Branch are as follows: Chapter II of the Rules on Cargo Joint and Several (members) Article 7 (members) 1 of the Rules on Cargo Joint and Several Members (members) shall be comprised of the employees who are dismissed in the course of the activities of the headquarters and the workers engaged in the relevant business; Provided, That a person who was dismissed in the activities of the headquarters and the former members of the headquarters may be a member of the headquarters if he/she wishes, and a person who was a member of the headquarters may not be a member of the other business; and a person who is a member of the Defendant Branch may not be a member of the Association. Article 2 of the Rules prior to the amendment of the General Assembly.

(2) A resolution may be passed with the consent of at least 2/3 of the number of participants who fall short of a majority.