조합원총회결의무효확인 등 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The defendant is a case trade union that operates information and communications business, etc., and the plaintiffs are members of the above trade union.
Article 24 (Election) (2) The national representatives shall be elected by the unit of a branch office.
(3) The number of National Representatives shall be elected by one unit of each branch office.
B. On October 28, 2010, the Defendant held a general meeting of members and made a resolution to amend Article 24(2) and (3) of the Defendant’s Covenant with the consent of 89.5% of the members present at the meeting as follows (hereinafter “Article 1 resolution”).
Article 30 (Witness of Speculative and Ballot Counting) (1) The witness of the election and ballot counting shall be limited to one person for each polling station recommended by each candidate, and shall not be assigned differently to the local headquarters.
C. On October 13, 2011, the Defendant held a temporary national assembly and made a resolution to amend Article 30(1) of the Defendant Election Management Regulations with the consent of 95% of the delegates present at the meeting (hereinafter “the second resolution”).
Article 22 (Individual Inducements) (3) The candidates for the representatives of organizations of various levels shall not produce and distribute any inducements and promotional materials, other than five kinds of printed materials issued under the above paragraph (1), through communications media, the Internet, and in-house media.
Article 43 (Election Campaign) (5) No printed materials and promotional materials, other than three kinds of printed materials issued under the above paragraph (3), shall be produced and distributed through communications media, the Internet, or in-house media.
On October 14, 2014, the Defendant held the Central Committee and made a resolution to amend Articles 22(3) and 43(5) of the Defendant Election Management Regulations (hereinafter “third resolution”) as follows.
E. On February 15, 2016, the Defendant implemented an election for national representatives (hereinafter “instant election”) and one representative was elected per unit of a branch pursuant to Article 24(2) and (3) of the Defendant’s rules.
F. The provisions of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) and the defendant’s rules and the defendant’s election management regulations related to the instant case are as follows.