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(영문) 대구지방법원서부지원 2016.01.22 2015가합1339

조합원지위확인

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1. All of the appointed parties C and D parts of the instant lawsuit shall be dismissed.

2. The Plaintiff (Appointed Party) and the Appointed E, F, G, H, I, J.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter collectively referred to as “Plaintiffs”) together with the Plaintiff and the designated parties (hereinafter referred to as “Plaintiffs”) are the workers who worked or worked as drivers at the Plaintiff Co., Ltd. (hereinafter “B”), the Daegu Regional Headquarters B of the Defendant National Taxi Industry Trade Union (hereinafter “Defendant B Branch”) is a trade union consisting of the workers belonging to B, and the Defendant National Taxi Industry Union Federation is a superior labor organization to which Defendant B Branch belongs.

B. On January 13, 2015, the Plaintiffs submitted an application for membership to the Daegu Regional Headquarters of the National taxi Industry Trade Union, which is a superior organization, to join Defendant B as the members of Defendant B’s headquarters, but was rejected on the ground that the National taxi industry trade union’s union rules (hereinafter “association rules”) cannot directly join the higher-level organization.

Accordingly, the plaintiffs applied for membership with Defendant B’s branch through the service of the complaint, but the defendants are refusing to join the plaintiffs’ association until now.

(c) The provisions pertaining to this case in the covenant of the Association are as follows:

Article 8 (Joining and Withdrawal from the Association) (1) Affiliation to the Association shall be:

1. Where a local branch is established, an application for joining shall be submitted to the local branch, and it shall be a member as the chairperson of the local branch;

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number), the purport of the whole pleadings

2. A lawsuit seeking confirmation of the lawfulness of a suit by a designated person C or D is permitted to eliminate risks or apprehensions with respect to the present rights or legal status, and where it is recognized that obtaining a judgment on confirmation of the legal relationship is an effective and appropriate means to eliminate risks or apprehensions with respect to the present rights or legal status, the lawsuit seeking confirmation of the legal relationship must be deemed to have the benefit of confirmation.