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(영문) 울산지방법원 2018.08.16 2018가합196

제명처분무효확인 등

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1. It is confirmed that the Defendant’s expulsion against the Plaintiff on November 23, 2017 against the Plaintiff is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is a branch of the Korean Metal Trade Union's B and C's employees, and the plaintiff is a member of the defendant's association who has been automatically admitted to the defendant's membership since he was automatically admitted to the defendant's membership in B in 1984.

B. On September 29, 2017, the Defendant held the Defendant’s seven-party executives election. In the above election, four candidates, such as D, E, F, and G, were elected as the head of the branch, but D candidates were elected.

C. On September 21, 2017, during the election campaign period of the above election, the Plaintiff sent Kakakao Kao Stockholm messages to the visitors without confirming the specific facts, including the purport that “D No. 1 of the patriarche 1 gives it an opportunity for the urine to catize stairs,” and around September 28, 2017, the Plaintiff sent to the union members the Kakao Kao Stockholm messages with the thickness of the F branch office before the multiple times. Around September 28, 2017, the Plaintiff demanded and consulted with the union at the time, and sent to the union members the Kao Kao Stockholm messages to the present aging site to improve the quality of life.”

After going through an interview and investigation with the Plaintiff, the Defendant notified the Plaintiff on November 21, 201, that the date and time of the disciplinary action will be stated at 10/10, and that the Plaintiff would be present at the relevant date and time, and that it would be difficult to notify the Plaintiff that the disciplinary action will take place even at the 31-01st extended operation session.

E. The Defendant held the Plaintiff’s Disciplinary Committee after November 17, 2017, which was after the Plaintiff left the above place on a different date and waiting until 12: (a) did not proceed with the Disciplinary Committee; and (b) spreads the Plaintiff’s act impairing the honor of a specific candidate through SNS; and (c) spreads the Defendant’s rules on the management of executive officers.