Main Issues

Whether an amendment to the Election Management Regulations, which provides for detailed procedures and methods for election according to the delegation by the union’s bylaws, constitutes an amendment to the bylaws (negative)

Summary of Judgment

If the regulations on the election management of a trade union stipulate detailed procedures and methods in accordance with the delegation of the operational rules, the amendment to the election management regulations does not constitute an amendment to the regulations that require the attendance of a majority of the incumbent members and the affirmative votes of at least two-thirds of the present members under the proviso of Article 19 (2) of the former Trade Union Act (repealed by Article 3 of the Addenda to the Trade Union and Labor Relations Adjustment Act (Act No. 5244 of Dec. 31, 196), which shall apply mutatis mutandis pursuant to Article 20

[Reference Provisions]

Article 14 (see current Article 11 of the Trade Union and Labor Relations Adjustment Act), Article 19 (2) (see current Article 16 (2) of the Trade Union and Labor Relations Adjustment Act), and Article 20 (4) of the former Trade Union and Labor Relations Adjustment Act (see current Article 17 (4) of the Trade Union and Labor Relations Adjustment Act)

Plaintiff, Appellant

Plaintiff

Defendant, Appellee

Modern Transport Division of the Seoul Bus Union:

Judgment of the lower court

Seoul High Court Decision 97Na28607 delivered on December 4, 1997

Text

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

Reasons

In light of the fact that the defendant's election management regulations stipulate the detailed procedures and methods of election according to the delegation of the rules for the operation of the branch, the court below is justified in holding that the amendment of the election management regulations does not constitute an amendment requiring the attendance of the majority of the incumbent union members and the approval of more than 2/3 of the union members, which is applicable mutatis mutandis pursuant to Article 20 (4) of the Trade Union Act (amended by Article 3 of the Addenda of the Trade Union and Labor Relations Adjustment Act (Act No. 5244 of Dec. 31, 1996), and there is no error of law as otherwise alleged in the ground of appeal.