[2] Whether demanding a certain amount of deposit to candidates for the head of a division by a resolution of a representative meeting of a trade union violates Article 22 of the Trade Union and Labor Relations Adjustment Act (negative with qualification)

[3] The case holding that it does not violate Article 22 of the Labor Union and Labor Relations Adjustment Act to demand deposit money of KRW 500,000 to the candidate by a resolution of a representative meeting of an industrial trade union branch established at a workplace

[2] A trade union is a voluntary organization voluntarily organized by its employees to defend their interests, and autonomy by the union rules and majority is guaranteed in its internal operation. Thus, the union's rules, etc. voluntarily formulated by itself are a kind of autonomous legal norm to the extent consistent with the mandatory rules for realizing union democracy and have the legal effect within the state law and order. In a case where a trade union demands a certain amount of deposit to a person who intends to run as a branch of a meeting of representatives, if it is within a reasonable and reasonable scope in light of the situation of the trade union in question, and it is not likely to undermine the rights of minority union members, then the trade union is able to determine by its own decision, and it cannot be deemed as a substantial infringement of union members' rights to be elected, and such resolution does not violate Article 22 of the Trade Union and Labor Relations Adjustment Act

[3] The case holding that it does not violate Article 22 of the Labor Union and Labor Relations Adjustment Act to demand deposit money of KRW 500,000 to the candidate by a resolution of a representative meeting of an industrial trade union branch established at a workplace

On July 24, 1999, the judgment that the respondent's effect of the special election for the president of the local branch shall be suspended until the judgment on the merits becomes final and conclusive.

A. The allegation that the instant application is unlawful as it is against an individual Kim Dok-I.

First of all, the respondent argues that the respondent is illegal for the application of this case against the Kim Don-ro individual since the election of the local taxi trade union (hereinafter "association") implemented on July 24, 199 by the local election commission under the regulations on the election management of the Seoul District taxi trade union (hereinafter "association") is elected in accordance with Article 10 and Article 32 (1) 3 of the union's regulations, and the association's division's division's division's division's division's division's division's operation rules are merely a person who has been appointed as the head of the union's division's division's operation rules pursuant to Article 28 (2) of the union's operation rules, since the association's unique business is not within the scope of the union's duties, the application of this case against the Kim Don-ro individual's non-party's non-party's non-party's non-party representative's execution of duties. Thus, it is clear that this part of the respondent's argument is without merit.

B. The argument that the ASEAN Industry Division shall be the respondent because it has no capacity to be a party, and therefore the Seoul Military Workers' Union shall be the respondent.

The respondent is the issue of the registration of candidate in the process of election, and this is the affairs of the election commission, and there is no objection within 3 days, which is the objection period for the decision related to election as stipulated in Article 30 of the Election Management Regulations, and the above election commission is now dissolved and does not exist, and since the branch has the authority to authorize the head of the election process or the branch, the respondent's objection against the respondent who is only a subordinate organization of the union is illegal against the non-party who is not a party.

Therefore, in relation to the capacity of the parties to the Ayoung Industrial Division, even if an organization is a subordinate organization of the organization, it shall be recognized as a non-corporate body insofar as the subordinate organization is recognized as a social organization that performs independent activities with independent rules. According to the records, although the non-corporate entity is an association, the non-corporate entity is an independent association, and the non-corporate association is composed of about 20 members of the Ayoung Industrial Division, the respondent is composed of approximately 30 members, and the association's labor-management consultation is conducted within the scope of acceptance upon delegation by the chairperson of the association (Articles 30 and 30-1 of the Regulations on the Subdivision) (Article 5 of the above Regulations), the division has an authority such as a general meeting consisting of all the members belonging to the division, a council of representatives, a committee of executive officers, etc. (Articles 13 through 25 of the above Regulations). Since the non-corporate entity has an independent authority to decide on the execution of the collective agreement (Article 13 through 28 of the above Regulations).

2. Basic facts

According to the records, the following facts are proved:

A. On November 29, 1993, the respondent dissolved the Ayoung Industrial Trade Union, which is a company-level trade union, and joins the Seoul regional taxi trade union, which is an industrial trade union, and was organized with 220 members belonging to the Ayoung industry pursuant to Article 10 of the above rules of the union. The respondent is a non-corporate association that is organized with 220 members belonging to the Ayoung industry pursuant to Article 10 of the above rules of the union. Since January 1, 1993, the applicant is a member belonging to the above ASEAN Industry Trade Union or the ASEAN Industry Division (hereinafter referred to as the “Subdivision

B. The special election process of the head of the instant branch is as follows.

(1) On July 9, 199, the president of the former branch held an extraordinary meeting of the board of representatives to set up an election commission for the election of the president of the branch (hereinafter “election commission”). On July 12, 199, the president of the division held an emergency temporary meeting of the board of representatives and publicly announced that the election of the president of the division is held under the deposit system; (3) on the same day, the applicant demanded the closure of the deposit system on the election day because the deposit system violates Article 22 of the Trade Union and Labor Relations Adjustment Act; and (4) on July 14, 199, the division held a temporary meeting of representatives and held a temporary meeting of representatives and decided to use the above deposit money to raise the standard ratio to 30% of the total voting members and to use the deposit money as expenses for election management; and (5) on July 18, 197, the applicant demanded that the president of the division pay the deposit money to the expiration date, but the applicant rejected the application by the election commission's 197.7.7.

C. However, through the resolution of the National Assembly on June 10, 1998, the local branch shall establish a deposit system with the contents that 500,000 won deposit money shall be reverted to the union development fund in order to prevent the election of the head of the fishing-use local branch due to the business operator's involvement, and the deposit money of the candidate who has obtained 20% or less of the total voters shall be paid to the candidates for the local branch head in order to prevent the decentralization within the union due to the organization's involvement in the election, such as the collective deposit of the candidate and the meeting of the local council members, and the deposit money of the candidate who has obtained 20% or less of the total voters shall be reverted to the union development fund under the name of the union development fund. In this case, the applicant also paid 50,000 won (the monthly union expense per head 13,000 won at that time) and the deposit money shall be reverted to the election division.

D. Meanwhile, the Seoul subway trade union, along with the recommendation system of the members of the committee at the time of the election of the chairman, shall have the candidates for the chairman deposited 200,000 won and reverted to the union in full. The East Port Trade Union received a deposit of KRW 2 million and returned it only to the winners, and the deposit money of the deceased shall be used as the fund of the election commission and the balance shall be reverted to the union.

3. Existence of preserved rights

The applicant is the cause of the application in this case and does not limit the eligibility for election under the name of deposit money in any election, such as the president of the Seoul District Military Workers' Union or the president of the Union of all the whole national housing unions. However, on the ground that only the respondent has passed a resolution at the board of representatives, it is against the right to deposit KRW 500,000,000, which is half of the monthly salary with the deposit money to the elected election manager and grant the eligibility for election. Therefore, on the ground that the right to participate in all the issues of the equal trade union members of the trade union as provided by Article 22 of the Trade Union and Labor Relations Adjustment Act is infringed, the respondent's special election of the head of the division on July 24,

However, the labor union is a voluntary organization organized independently by its employees to defend their interests, and autonomy is guaranteed in its internal operation. Thus, the labor union's rules, etc. shall have legal effect within the State law and order as a kind of autonomous legal norm to realize democracy (see Supreme Court Decision 97Da43567 delivered on February 27, 1998). In a case where the labor union requests a certain amount of deposit money to the persons who intend to run as the head of the branch of the meeting by the resolution of the board of directors, it is reasonable in light of the situation of the labor union and within a reasonable scope so that the labor union may determine the deposit money according to its own decision, and it cannot be deemed that the labor union violated the rights of minority members, and such resolution does not violate Article 22 of the Labor Union and Labor Relations Adjustment Act, even if it is difficult for the applicants to use the deposit money for the election to be held in the same manner as the deposit money belonging to the branch of the meeting, on the premise that it did not violate the above 90-party candidate's right to be elected.

4. Conclusion

Therefore, the application for provisional disposition of this case is without merit and so decided as per Disposition.

Judges Ansan-do (Presiding Judge)