[노동조합설립신고서반려처분등취소][하집1991(3),497]
(a) Whether the person who wishes to establish a trade union refuses to comply with a demand to verify false entries of the name of the associated organization to which the report belongs or fails to belong to the associated organization, taking a disposition to return the report;
(b) To reject an application for the establishment of a trade union received first, and to issue a report certificate to the person received later, together with the organization;
A. In light of the provisions of Article 13(1)5 of the Trade Union Act and Article 8(1)2 of the Enforcement Decree of the same Act, when an administrative agency receives a trade union establishment report, it shall be deemed that the administrative agency may require supplementation of evidence, etc. by which it can confirm whether the said report belongs to an associated organization or an organization in order to confirm the omission or falsity of the name of the associated organization to which the necessary stated matters belong. Thus, the administrative agency can not confirm the falsity of the statement in the name of the affiliated organization solely on the report on the establishment of the trade union, and if the person who wants to establish the trade union requested supplementation of the above evidence but did not belong to the associated organization, the disposition that rejected the application for the establishment of the trade union is legitimate.
B. In light of the provisions of Article 15 of the Trade Union Act, an administrative agency which received a report on the establishment of a trade union may return the report which does not meet the requirements under the Trade Union Act, and the trade union is established when it delivers the report certificate, and thus, even if the report on the establishment of a trade union was received prior to the issuance of the report certificate, it is not possible to return the report received later, and as long as the return disposition on the report received earlier is legitimate, it shall not be deemed unlawful only on the ground that the report was issued later, and that the report is identical to the organization.
(a) Article 13 of the Trade Union Act, Article 8 and (b) of the Enforcement Decree of the same Act, Articles 3 and 15 of the same Act;
Korean Metal Workers' Union
The head of Guro-gu Seoul Metropolitan Government
1. All of the plaintiff's claims are dismissed.
2. Litigation costs shall be borne by the plaintiff.
The defendant's disposition against the plaintiff on January 30, 1991 to reflect on the establishment of the Korean Metal Trade Union's Union, and the defendant's disposition to deliver a trade union establishment certificate to the non-party Lee Young-young on February 2, 1991.
The costs of lawsuit are assessed against the defendant.
On the other hand, the defendant issued a new statement of non-party 1 to the above non-party 2 to the above non-party 1 to the non-party 2's non-party 1 to the non-party 3's non-party 1 to the above non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 2's non-party 1's non-party 9's non-party 2's non-party 9's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 1's non-party 3's non-party 1's non-party 1's defendant 1's non-party 1'
The defendant asserts that the return of this case and the issuance disposition of this case are legitimate, the plaintiff only requires the entry of the name of an associated organization belonging to the report on the establishment of a trade union under Article 13 (1) of the Trade Union Act, and does not require the letter of authorization of the associated organization. Since the plaintiff did not comply with the defendant's request for supplementation of the above person's certificate among the defendant's request for supplementation of the report on the establishment of a trade union, the disposition of this case which rejected the plaintiff's report on the establishment of a trade union is unlawful and invalid as the plaintiff's report is illegal and obvious, and as long as the return of this case is null and void as the plaintiff's report on the establishment of a trade union is legitimate and legitimate, the report of establishment of the trade union that the defendant made the above person as the representative after the plaintiff's report on the establishment of a trade union violates the principle of prohibition of multiple trade union under Article 3 subparagraph
Therefore, pursuant to Article 13 (1) 5 of the Trade Union Act, if it is intended to establish a trade union, the name of the associated organization shall be written and submitted. According to Article 8 (1) 2 of the Enforcement Decree of the same Act, if an administrative agency receives a report of establishment under Article 13 (1) of the Act, it shall deliver a certificate of establishment within three days from the date of receipt pursuant to Article 15 of the Act; if the report is not accompanied by the bylaws or there is any omission or false facts in the entries in the report or bylaws, it shall be demanded to supplement the report within a given period not exceeding twenty days; if the administrative agency receives the report within the given period, it shall be returned if it is impossible to verify whether the necessary entry belongs to the associated organization or not, and as such, it shall not be deemed that the administrative agency has received the report of establishment under Article 13 (1) of the same Act before it receives the report, it shall not be deemed that the plaintiff's report of establishment was issued with the pertinent administrative agency's certificate of establishment as well as the necessary report.
Therefore, the plaintiff's claim of this case seeking revocation on the premise that the defendant's return disposition and delivery disposition of this case are illegal is dismissed as it is without merit, and the costs of lawsuit are assessed against the plaintiff who has lost.
Judges Han-dae (Presiding Judge)