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(영문) 서울동부지방법원 2018.10.18 2018가합102483

입후보등록및선임결의무효확인청구의소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a trade union consisting of workers in B Co., Ltd. (hereinafter “B”), and the plaintiff is a person who works in B and is a member of the defendant.

B. The Plaintiff and C applied as a candidate for the election of Defendant Chairperson in 2018, but the Defendant, on February 2, 2018, confirmed only C as a candidate for the election of Defendant Chairperson in accordance with Article 19 of the Election Management Regulations.

C. On February 7, 2018, the Defendant elected the Defendant’s Chairperson. At the above election, C was elected to the Defendant’s Chairperson with the voting rate of 98.8% among the total 2,126 members, and the voting rate of 94.7% among the total number of members.

The details of the defendant's election management regulations related to this case are as follows:

Article 15 (Registration of Candidates)

1. A person who intends to run for an election shall obtain the required documents and make a registration of candidate within the period of public announcement;

(3) A recommendation letter of candidate.

2. The date of registration of candidacy shall be publicly announced for three days;

Article 16 (Recommendation of Candidates)

1. Those who intend to run for the chairperson shall be recommended by at least 20 percent of the members, and the number of the members shall not be recommended;

Article 18 (Examination of Qualifications and Priority Granting of Marks) The Election Management Committee shall conduct a comprehensive qualification examination after the completion of an application for registration and grant the order of preference of candidates according to a resolution of the Election Management Committee to a person who has no grounds for disqualification.

Article 19 (Final Public Notice of Candidates) The Chairperson shall investigate en bloc at the closing of registration, and publicly notify en bloc the candidates who have no grounds for disqualification.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant Election Management Regulations provides that the period of registration of candidate shall be three days (Article 15) and that a person who intends to run a candidate for the Chairperson shall obtain a recommendation of at least 20% of all union members (Article 16; hereinafter the same shall apply).