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(영문) 광주지방법원 2014.10.10 2014가합1678

당선무효확인청구

Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 4, Eul evidence 1 to 4, and evidence 6 to 9:

Defendant Labor Relations Branch is a trade union branch under the Korea Labor Relations Association in Gwangju and South Korea, and Defendant Gwangju District Council is a branch under the Defendant Labor Relations Branch, and the Plaintiffs are the members of Defendant Labor Relations Branch.

B. The defendant labor union branch consists of Seoul Subdivision and the defendant Gwangju Subdivision, and 11 representatives of Seoul Subdivision and 6 representatives of the defendant Gwangju Subdivision shall be elected by the vote of the members of each subdivision. The above representatives shall elect the head of the branch office and the head of the site office with three-year term of office at the representatives' meeting.

C. On December 10, 2013 and November 11, 2013, the election for representatives in the year 2014 and 15 of the Defendant Gwangju Subdivision published 17 candidates. The election commission for the Defendant Gwangju Subdivision (hereinafter “election commission”) decided on December 11, 2013 and announced six persons, including E, F, J, G, H, K, etc., as the elected person.

On January 14, 2014, the defendant Trade Union Branch held a representative competition for the election of executive officers (chief of branch and site chief), including six elected persons, at the 17th meeting. The defendant Trade Union Branch held the representative competition for the election of executive officers (chief of branch and site chief). The defendant Trade Union Branch was elected as the head of the branch office and the head of the site division after obtaining 10 marks each among the I and the plaintiff C, I among the plaintiff, and F and F among the plaintiff A as the candidate for the head of the site.

E. Main provisions related to the election of representatives and officers among the rules of branch offices and district election management regulations of the defendant Trade Union and Labor Relations Division are as follows:

[Sub-chapters] The members of the labor union shall be comprised of the high-speed business division, corporation D (ju), corporation D (ju), corporation branch of high-speed business branch, corporation D (ju), corporation corporation's work on board, and regular employees who join the labor union, among the declarations, lectures, regulations, and branch regulations of Article 4 (Composition).

Article 5 (Establishment of Branch Offices) Sub-Section 5 (Establishment of Branch Offices on August 20, 2010) shall be Seoul.