조합설립인가취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was established on February 12, 1994 for the purpose of promoting the promotion of mutual welfare among the members of Daejeon Metropolitan City (hereinafter referred to as the “Seoul Special Self-Governing City”), Sejong Special Self-Governing City (hereinafter referred to as “SP”), Chungcheongnam-do (hereinafter referred to as “SP”), and for enhancing the economic status of the members of the Plaintiff Association (hereinafter referred to as “SP”), which was established on April 28, 2015 with some of the members of the Plaintiff Association as its members, established for the purpose as above.
B. On April 6, 2015, the representative director of Daejeon concrete corporation filed an application with the Defendant for authorization to establish an intervenor association on behalf of 14 ready-mixed companies, which are engaged in business affairs in Daejeon and Sejong areas. On April 22, 2015, the Defendant approved the establishment of the intervenor association (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Eul's entry of evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The instant disposition by the Plaintiff Union is unlawful in light of the following aspects.
1) The Defendant, which became aware that the conflict of interest between the Plaintiff Union and the Intervenor Union is obvious and the conflict causes a significant trouble in the performance of its duties, is in violation of the Administrative Procedures Act that did not include the Plaintiff Union in the “party, etc.,” which is the other party prior to the notification under Article 21 of the Administrative Procedures Act. 2) In the course of the instant disposition, the Defendant provided that “in the event of a conflict of interest between the existing union and the newly established union, the competent authority shall consider the conflict between the existing union and the existing union, the likelihood of the conflict, and how to resolve the conflict.”