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(영문) 수원지방법원 2018.08.16 2017가합26440

당선무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a trade union whose members are members of the Korea Automobile Union D Branch (hereinafter referred to as the "D"), E Branch (hereinafter referred to as the "E"), F Village Bus Workers' Union (hereinafter referred to as the "F Village Bus Workers' Union"), and the Korean Automobile Workers' Union G subdivision (hereinafter referred to as the "G"), etc. (hereinafter referred to as the "Defendant or the defendant's Union"), and the plaintiff is a member of D, and the defendant's intervenor is a member of E.

B. On September 21, 2017, the Plaintiff and the Intervenor posted as a candidate to the Defendant’s election for the chairman of the Defendant’s partnership (hereinafter “instant election”), and all 41 representatives entitled to vote were present at the voting, among which the Plaintiff and the Intervenor’s Intervenor received the 20 votes and the 21 votes, and the Defendant’s Intervenor decided as the elected person (hereinafter “instant decision”).

C. Article 17(1) and (2) of the rules of the Defendant Union stipulate that the board of representatives of the association shall be comprised of representatives elected by direct, secret, or anonymous voting from the branch of the association and ex officio representatives, and that the ex officio representatives shall be the head of the branch office elected by direct, secret, or anonymous voting of the union members, and that all representatives constituting the board of representatives of the association shall be elected by direct, secret, or anonymous voting of the union members of the branch.

On December 24, 2016, H, the chairman of the F Village Bus Labor Union, was not elected by the direct, secret, and secret ballot of its members, but was elected by the representatives of the F Village Bus Labor Union as the chairman on December 24, 2016.

H cast the vote in this case at the election of this case where the head of the F Village Bus Labor Union's branch is granted a voting right as an ex officio representative from the election commission of the defendant union.

On the other hand, three representatives elected by indirect elections in G and one representative elected by indirect elections in E were not granted voting rights, and they did not vote in the instant election.

Defendant.