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(영문) 대구지방법원포항지원 2016.12.22 2016가합191

조합원제명 취소

Text

1. On March 10, 2016, Defendant C Trade Union adopted a resolution of expulsion against the Plaintiffs at the board of representatives meeting.

Reasons

1. Facts of recognition;

A. The parties’ relevant Defendant C Trade Union (hereinafter “Defendant Trade Union”) is a company-level trade union established for employees of C&A, and the Plaintiff A is the chairperson of the Defendant Trade Union from June 1, 201 to May 31, 2015; the Plaintiff B served as the secretary of the Defendant Trade Union from June 1, 2011 to May 31, 2015; and Defendant D is a person who is in office as the chairperson of the Defendant Trade Union following Plaintiff A until the date of closing argument.

B. On March 7, 2016, the Defendant Trade Union sent to the Plaintiffs a written notice of submission of disciplinary action to the Plaintiffs under the title “as it is deemed that the labor-management agreement in 2008 was partially deleted, causing monetary and mental damage to the majority members, and thus, the case was referred to by the Disciplinary Committee.” On March 10, 2016, the Defendant Trade Union notified the Plaintiffs to attend the meeting of the Disciplinary Committee on March 10, 2016. (2) The Defendant Trade Union held a meeting of representatives on March 10, 2016 and held a meeting of representatives on March 10, 2016, on the ground that “the failure of the document to discard KRW 2,00,000 in the end of 20,000, constitutes a disciplinary committee for the Plaintiffs, and later, the resolution to dismiss the Plaintiffs from the Defendant Trade Union is referred to as the “the instant resolution.”

A) Plaintiff A submitted a written vindication and attended the meeting of the above delegates, and Plaintiff B submitted only the vindication and did not attend the meeting of the above delegates. The Defendant trade union notified the Plaintiffs of the instant resolution on the same day. C. The Defendant trade union’s bylaws regarding the disciplinary action against the Defendant trade union are entitled to take a majority of the incumbent delegates and take disciplinary action against the union members with the consent of a majority of the present delegates (see Article 49), the types of disciplinary action are subject to warning, regime, and expulsion (see Article 50), and the general meeting (see Article 50).