대의원대회결의 무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On March 28, 2007, the C Trade Union changed its structural structure to the D Trade Union E headquarters, and did not report the structural change to the Ministry of Employment and Labor.
(2) On May 27, 2011, the D Trade Union E head office held a mobile board of representatives using mobile phones pursuant to Articles 16(1)8 and 16(2) proviso and Article 17(1) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) and made a resolution to change the name into “G Trade Union” (hereinafter “G”) and to change the name into an organization affiliated with the F Trade Union (hereinafter “F”), while there was a resolution to change the name into “G Trade Union (hereinafter “G”).
(3) On September 2, 2011, a trade union reported the change of its name to G on the ground that it decided to join the Seoul Southern District Office of the Seoul Regional Employment and Labor Agency as a combined member of H and I on May 27, 2011.
(4) On September 9, 201, the Seoul Southern District Office of the Seoul Regional Employment and Labor Agency demanded the submission of the aforementioned report on the structural change to the headquarters of the D Trade Union E, the reason why the structural change was not made, and its evidentiary materials. ② According to Article 16(2) of the Trade Union Act, a resolution on structural change requires the attendance of a majority of the incumbent union members and the consent of at least 2/3 of the present union members. On May 27, 2011, a resolution adopted on May 27, 201 by telephone voting using a cell phone, thereby failing to comply with the purport of the above Act, thereby requiring supplementation to the effect that the resolution on structural change should be made again.
(5) Accordingly, the D Trade Union E headquarters holds a temporary board of representatives on October 28, 201 and makes a resolution to ratification the resolution at the mobile board of representatives on May 27, 2011 (hereinafter referred to as the “prior resolution”).
on January 12, 2012 after filing a structural change.