대의원대회결의 무효 등 확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff was established pursuant to C’s Act on the Establishment, Operation, etc. of Trade Unions (hereinafter “C Trade Union Act”) and completed the report on establishment on February 2, 2006. The Defendant is the Plaintiff’s branch under Articles 12(5) and 32 of C Trade Union Regulations.
B. On June 29, 2016, the Defendant: (a) held a branch representatives meeting; (b) passed a resolution on the amendment of the B branch’s rules with 12 representatives present at 10 and 10 votes; and (c) accordingly, amended Articles 33, 34, and 35 of the dissolution of Chapter VI of the Defendant’s Operating Rules as follows.
Chapter 6 Dissolution (Revised June 29, 2016), Article 33 (Reasons) B shall be dissolved on the following grounds:
(1) When a merger or division is terminated, (2) When a resolution of dissolution is made in accordance with these bylaws. (4) When all members withdraw from this trade union, the opinion that they join another trade union after withdrawal and the decision are made with the consent of the management committee of the branch and the meetings of representatives of the branch, the dissolution of the branch under Article 34 (Procedure) B shall be made with the consent of at least 2/3 of registered representatives present at the meeting of representatives of the branch, secret and bearer voting and with the consent of at least
Article 35 (Reversion of Residual Property) Where Chapters B are dissolved, the reversion of residual property shall be determined by the decision of the competition of branches and representatives.
C. In addition, the above regional representatives conference resolved 11 of the 12 representatives from among the 12 representatives, 10 votes and 10 marks, and 1 of the 12 representatives from among the 12 representatives, and accordingly, the defendant was dissolved and the remaining property was to be used by converting the defendant into the D trade union B branch.
(hereinafter the above defendant's resolution on June 29, 2016 hereinafter "the resolution of this case") D.
On September 19, 2016, the Defendant holds a general meeting of a branch and holds a total of 84%, 96%, 2.8%, 1.2%, i.e., A trade union B’s officers, members, and all members.