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(영문) 서울고등법원 2015.11.26 2015나2008955

노동조합 선거 무효확인

Text

1. Revocation of the first instance judgment.

2. The election of the president of a trade union held by the Defendant on December 12, 2013 is null and void.

Reasons

1. Basic facts

A. The defendant is a trade union composed of workers of C and D Co., Ltd.

The plaintiff is a member of the defendant as a worker affiliated with D Co., Ltd.

B. The main contents of the Defendant’s trade union operation rules (hereinafter “instant trade union rules”) are as follows.

Article 1 (Reasons) This Code shall be established on the basis of the Trade Union Act, the Regulations of the National Motor Vehicle Union of Korea, and the Regulations of the Operation of the Gyeonggi-Regional Motor Vehicle Trade Union.

Article 7 (Rights) (1) Members shall have the following rights:

1) A trade union under Article 10 (Institution) of the Act on the Election of Representatives shall have the following organs: (1) A general meeting (2) a general meeting shall consist of all its members as the highest resolution body of the trade union. The functions of the general meeting under Article 11 (Organization) of the Standing Executive Committee shall be as follows: (1) A general meeting shall be as follows: < Amended by Act No. 1360, Feb. 1, 201; Act No. 1364, Feb. 29, 201; Act No. 13664, Feb. 31, 2011>

(1) The Trade Union shall have a representative competition in lieu of the general meeting under Article 17 (1) of the Trade Union and Labor Relations Adjustment Act.

(2) The provisions concerning the general meeting.