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(영문) 대전지방법원 서산지원 2018.02.01 2017가합50975

해고무효확인

Text

1. The head of the organization and dispute of the defendant at each conference of May 8, 2017 and June 21, 2017.

Reasons

1. Basic facts

A. The Defendant is a trade union established for the purpose of supplying labor for loading and unloading of ships entering and departing from C ports and fishing ports (hereinafter “Defendant trade union”). The Plaintiff is a trade union member appointed to the head of an organization and a dispute, who is a standing executive member on June 1, 2015, after joining the Defendant trade union on November 2013.

B. On May 8, 2017, the Defendant Union held a conference of delegates from among 36 registered representatives on May 8, 2017 and resolved to dismiss the Plaintiff from position or dismissal from office at the head of organization or dispute division with the consent of 23 representatives, on the ground that the Plaintiff, while performing the duties of the head of organization or dispute division, made a false payment of meal costs at D’E cafeterias by using the corporate card of the Defendant Union, and returned the settlement money from the proprietor of the restaurant and used it for other purposes.

C. On May 24, 2017, F, who was the president of the Defendant Union, issued a personnel order changing the Plaintiff’s assignment from the chief of the organization and dispute department to the general members of the G liaison office. D.

On June 1, 2017, the Plaintiff was dissatisfied with the resolution of the said Congress and the issuance of personnel orders, and requested a re-deliberation to the Defendant Cooperative. However, on June 21, 2017, the Defendant Cooperative held a conference among 35 incumbent representatives on June 21, 2017, and the Plaintiff was present.

On the ground that a corporation card was unfairly used as described in paragraph (1), a resolution was passed again to dismiss the plaintiff from his position with the consent of 32 representatives with the consent of the chief of the organization and dispute, while a resolution was passed to dismiss the plaintiff from the defendant association with the consent of 31 representatives.

E. Of the rules of the Defendant Union, the disciplinary rules, and the rules on the disciplinary action and dismissal of officers and employees are as follows.

Members of the defendant association under Article 9 (Disqualification of Members) of the Rules shall fall under any of the following subparagraphs according to the prescribed procedures: