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(영문) 서울중앙지방법원 2012.08.09 2011가합110901

총회결의무효확인

Text

1. Of the instant lawsuit, the part of the claim against Defendant HA trade union and the Daegu Branch of the Defendant HA trade union against the I branch.

Reasons

1. Basic facts

A. Defendant Ho-help is an industrial trade union on a national scale composed of workers engaged in the metal industry as its constituent members. Defendant Ho-Help is the Daegu Branch of Defendant Ho-gu, comprised of the employees of the ICO, and Defendant I Trade Union (hereinafter “Defendant I Trade Union”).

(2) As seen in the following sub-paragraph (b), Plaintiff A is the chairperson of Defendant Hno, Plaintiff B is the head of the Daegu Branch of Defendant Hno-gu, Plaintiff C is the director of the branch of Defendant I branch, Plaintiff D is the head of the welfare organization of Defendant I branch, Plaintiff E is the head of the education promotion organization of Defendant I branch, Plaintiff E is the head of the education promotion organization of Defendant I branch, Plaintiff F is the head of the Daegu branch office of Defendant Hno-gu branch office, and Plaintiff G is the member of the Plaintiff I branch.

B. Around November 26, 2010, Defendant I Branch held an extraordinary general meeting and made a resolution to change its structural form into Defendant IA trade union, a company-level trade union (hereinafter “instant resolution on the change of organization”).

C. Around November 30, 2010, Defendant I’s second general meeting adopted a resolution to enact the rules in the separate sheet by again holding an extraordinary general meeting (hereinafter “resolution to enact the instant rules”). D.

On the other hand, the relevant provisions of the instant case are as follows. Defendant Ho-help and I branch rules relating to the instant case are as follows.

[Rules of the Defendant Hno-U] Article 10 (Joining and Withdrawing from a Cooperative) (Rules of the Union) The person who intends to join the Cooperative shall submit an application for membership determined by the Cooperative to the relevant branch or sub-branch, and obtain the qualification as a member upon the approval of the chairperson.

Provided, That admission and withdrawal shall be handled within 30 days from the date of submission of an application for admission, but separate regulations determined by the Central Committee shall apply.

Article 20 (Functions of General Meeting) (1) The following matters shall be resolved upon by a general meeting:

5. Matters concerning the enactment and amendment of the bylaws;

9. Matters concerning collective bargaining; 14. Merger, division, or merger of unions;