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(영문) 전주지방법원남원지원 2015.08.13 2015가합50

당선무효확인

Text

1. The decision that the Defendant made D in an election of the seventh chairperson implemented on November 14, 2014 to the elected person is null and void.

Reasons

1. Facts of recognition;

A. As the Plaintiff, who was the chairperson at the time of October 28, 2014, terminated the term of office, the Defendant Union announced the 7th chairman election to elect the 7th chairman according to the union regulations. At that time, two members, including the Plaintiff and D, who were the chairperson, were the candidates for the election of the chairman.

B. The Defendant Union has separate regulations for election management to ensure the fairness of election management. According to Article 12 of the above Election Management Regulations, the election is determined by a majority of the incumbent members and the election is determined by a majority of the number of voting members in the election of the executives of the Defendant Union. According to Article 13 of the Election Management Regulations, in the case where there is no majority of the voting result as a result of the first voting, the election is held only for the highest number of votes and the next braille within 3 days, and the majority of the

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C. Accordingly, on November 14, 2014, the Defendant Cooperative received 88 votes and D 89 votes, respectively, except for the valid votes of 177 votes from all 178 members who participated in the voting and vote, as a result of the ballot counting.

On November 17, 2014, the election commission of the defendant union decided that D obtained votes from a majority of valid votes and announced them as the elected.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 through 6, purport of whole pleading

2. Determination:

A. Article 16(1)2 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) provides for matters concerning the election and dismissal of executive officers as a resolution by the general meeting of a trade union. Article 16(2) of the same Act provides that the method of resolution by a general meeting shall be determined by the attendance of a majority of the incumbent union members and the consent of a majority of the union members present. Article 16(3) of the same Act provides that