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(영문) 서울중앙지방법원 2021.01.29 2019가합583758

조합원 제명처분 무효 확인 청구

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a trade union with workers belonging to C Co., Ltd. (hereinafter “Company”) as its members.

The plaintiff is the defendant's member who has served as the head of defendant D branch office.

B. On July 22, 2019, the Defendant Central Standing Committee resolved to hold a temporary integrated conference on August 7, 2019 in order to determine the level of disciplinary action against the Plaintiff’s act of refusing to call, failing to act against organization, and violating the rules.

1. On November 1, 2018, the non-compliance with convening the meeting (hereinafter referred to as the “instant disciplinary ground”) appears to be a clerical error in Article 39 subparag. 1(b) of the Covenant, which appears to be a full-time executive of the company on March 14, 2019, in the absence of convening the meeting of the consolidated Representatives on March 10, 2019, in the absence of convening the meeting of the Chairperson on June 24, 2019, by failing to comply with convening the meeting, even though he/she is an executive of the partnership without any reasonable reason after November 2018.

The non-compliance with the convening authority and the clerical error in Article 71 (2) of Chapter 12 of Chapter 2 of Chapter 12 of Chapter 71.

violation of the order to object to the direction

2. Inviting its employees by holding multiple labor union meetings without being the chairperson of the anti-organization (hereinafter “the grounds for the disciplinary action in this case”) and without being on Myeon, the head of the branch office seems to have made the request for signature and help of 18 members of the D branch office and the head of the executive office of this Article and the head of the D branch office in the currency of June 24, 2019 with the content of the establishment of multiple labor union and current establishment of multiple labor union and the head of the D branch office, and the head of the branch office of the D branch office in the currency of June 24, 2019 with the contents of the current labor union and the current establishment of multiple labor union and the head of the D branch office, respectively, to act against the disturbance of union members and the B trade union.

organization disturbance and violation of anti-organization action

3. Violation of the bylaws (hereinafter “instant grounds for disciplinary action”) (hereinafter “instant grounds”) requires a resolution on the appointment of higher-level organization officers in Section 2 of the Rules on the Appointment of Officers of a higher-level organization without consent from the executives of an association.