노동조합 선거 무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a trade union composed of workers of C and D Co., Ltd.
The plaintiff is a member of the defendant as a worker affiliated with D Co., Ltd.
B. The defendant's trade union operation rules are as follows.
Article 1 (Reasons) This Code shall be established on the basis of the Trade Union Act, the Regulations of the National Motor Vehicle Union of Korea, and the Regulations of the Operation of the Gyeonggi-Regional Motor Vehicle Trade Union.
Article 7 (Rights) (1) Members shall have the following rights:
1) A trade union under Article 10 (Institution) of the same speech right, resolution right, election right, and election right (hereinafter omitted) shall have the following organs. ① A general meeting ② A general meeting of representatives ③ A general meeting of Article 11 (Organization) of the Standing Executive Committee shall consist of all its members as the highest resolution body of the trade union. The functions of a general meeting under Article 13 (Organization) of the Trade Union Operation Regulations shall be as follows. (1) The matters concerning the enactment and amendment of the rules on the election of executives shall be comprised of the representatives elected by direct secret vote of the union members. (4) The term of office shall be two years from the date of election. (2) The temporary meeting of representatives shall be required by the president of the trade union and at least 1/3 of the representatives shall be convened without delay after reporting to the head of the trade union. When submitting a written request for convening a meeting, the head of the trade union shall make a public announcement for the following excluding the date of public announcement for convening a general meeting and the date of public announcement for convening a meeting:
(1) The Trade Union shall have a representative competition in lieu of a general meeting under Article 17 (1) of the Trade Union and Labor Relations Adjustment Act.
(2) The provisions concerning the general meeting.