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(영문) 광주지방법원목포지원 2020.06.23 2019가합178

노동조합 조합원 제명결의 무효확인

Text

1. On June 11, 2019, the Defendant confirmed that the resolution for expulsion of a member against the Plaintiff is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is a national trade union established for the purpose of improving the status of workers on January 24, 2000, and the plaintiff is a member of the defendant's affiliated organization, which belongs to wooden Branch.

B. On November 21, 2012, 32 persons including the Plaintiff (hereinafter “32 persons including the Plaintiff”) filed a lawsuit claiming wages (hereinafter “instant lawsuit”) with the Gwangju District Court Branch Decision 2012Kahap10602 against Sejong City. On August 29, 2013, the court rendered a judgment citing part of the claim by 32 persons including the Plaintiff, etc.

On September 6, 2013, Supo-si appealed from the judgment of the first instance court as the Gwangju High Court 2013Na1194.

C. On September 13, 2013, the remainder except D among the 32 members including the Plaintiff, etc. delegated all the appellate trial and related administrative affairs of the instant lawsuit to D who are parties to the instant lawsuit, but the head of the Defendant’s Yeongdeungpo Branch paid 3,300,000 won as the starting amount of delegated administrative affairs to the Defendant (Yepo Branch) not later than September 17, 2013; 5% out of the winning amount at the attorney’s expense when the delegated administrative affairs are completed; 10% on the special membership fee of the Defendant (Ypo Branch); and 15% on the pretext of the special membership fee of the Defendant (Ypo Branch); and d) agreed to pay the sum of 15% to the Defendant (Ypo Branch) as the contingent fee (hereinafter “instant agreement”).

D performed the affairs related to the appellate trial of the instant lawsuit, such as appointing an attorney in accordance with the agreement of this case.

E. On August 20, 2014, the appellate court of the instant lawsuit rendered a judgment of citing a part of the appeal at Sejong-si. On September 3, 2014, the appellate court appealed to the appellate court’s judgment as Supreme Court Decision 2014Da223278 on September 3, 2014.

On August 30, 2018, the Supreme Court reversed the part of the judgment of the appellate court against Mapo-si and remanded the case, and the lawsuit in this case was terminated due to the confirmation of the decision of recommending reconciliation by November 20, 2018 at the Gwangju High Court 2018Na24300.

F. After the completion of the instant lawsuit, the Plaintiff is against the Defendant.