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(영문) 대전지방법원 2015.01.15 2014가합4983

노동조합지부장당선확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is one of the branch offices under the control of the Daejeon District Bus Trade Union, and the Plaintiff is a member of the Defendant branch office, who was a candidate for the election of the head of the Defendant branch office conducted around June 2014 as follows.

B. On June 24, 2014, upon the expiration of the term of office of C, the Defendant, the head of the branch office, held a new election for the head of the branch office. The Plaintiff and D, E, F, and G were recruited as a candidate, and there was no candidate who obtained more than a majority of the members’ votes.

(hereinafter the above voting was held on June 24, 2014 (hereinafter referred to as “the first voting in this case”). Accordingly, the Defendant held the second voting on June 27, 2014 for the Plaintiff (the largest number of votes) who was the largest number of votes and D (73 votes).

(hereinafter referred to as “the second ballot in this case”) on June 27, 2014.

On the other hand, the first ballot was held from June 24, 2014 to 12:00. After the completion of the first ballot, the Plaintiff distributed printed items (the same shall apply to each of the instant printed items listed in subparagraphs 4-1 and 2 of the attached Table 1; hereinafter the same shall apply) as indicated in the attached Table 1 and 2 to the members of the Defendant branch in the circumstances in which the second ballot was scheduled after the completion of the first ballot. The Defendant branch election commission, upon being aware of such fact, determined that the distribution of printed items by the Plaintiff was an act detrimental to the fairness of election, and determined that the distribution of printed items by the Plaintiff was an act detrimental to the fairness of election, and that the Plaintiff’s act of distributing printed items by the Plaintiff was in violation of Article 30(1) to 17:45 of the Election Management Regulations (hereinafter “each of the instant printed items”). In particular, each of the instant letters was issued as follows:

The defendant held the second ballot of this case from 04:00 to 12:00 on June 27, 2014, and the plaintiff 86 marks and D 84 marks out of 170 marks effective (177 members for the total members of the defendant's branch).