문서열람등 허가청구의소
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. In fact, the defendant is a member of the above union among the workers who work in C as a branch belonging to the Korean Automobile Trade Union Federation under the Korean Automobile Union Federation, and the plaintiffs are the members of the defendant.
[Ground for recognition] Unsatisfy, Gap evidence 1
2. According to Articles 14 and 26 of the Plaintiffs’ assertion and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) and Article 8 of the Enforcement Rule of the same Act, the Plaintiffs, who are the Defendant’s members, have the right to request the perusal and copying of the Defendant’s financial status and management status, and the financial books and documents that the Defendant shall keep
The defendant is obligated to allow the plaintiffs to peruse and copy each document listed in the separate sheet.
3. Determination
A. Article 26 of the Trade Union Act provides that “The representative of a trade union shall publicly announce the closing of accounts and the current status of operation every fiscal year, and shall allow him/her to peruse the report if requested by the union members.”
This provision merely imposes an obligation to settle accounts and allow a trade union to peruse only the operating status of the trade union, and it is difficult to view that it recognizes the duty to peruse and copy accounting books and documentary evidence to the extent as alleged by the plaintiffs.
B. Article 14 of the Trade Union Act and Article 8 of the Enforcement Rule of the same Act provide that the accounting books and documents concerning finance, including documentary evidence, shall be kept in the principal office of the trade union for three years, as alleged by the Plaintiffs.
In addition, the relationship between a juristic person or an unincorporated association and its representative is a delegation relationship under the Civil Act. In the case of delegation relationship, the mandatary is obligated to report the status of delegated affairs upon the request of the mandator (Article 683 of the Civil Act), and the members of the trade union are equal.