불신임결의무효등 확인
1. On July 25, 2017, the Defendant confirms that a non-Confidence resolution against the Plaintiff made at a meeting of the delegates is null and void.
2.
1. Facts of recognition;
A. The Defendant is a trade union consisting of workers engaged in loading and unloading goods from ports and ships entering and departing from ports in C, and is a regional trade union under the Korean Air Transport Union Federation. The Plaintiff is a person elected as the Defendant’s chairperson by direct voting of the members around May 1, 2015, and according to the Defendant’s rules, the term of office of the chairperson is three years.
(Article 36(1). (b)
On July 25, 2017, the defendant attended 35 of 36 representatives from among 36 representatives, and made a resolution of non-Confidence in relation to the plaintiff with the consent of 25 of 35 representatives from among 35 representatives at the second temporary conference of the 9th year.
C. Since August 1, 2017, the Defendant held the third interim conference for the year 9, and decided to elect Nonparty D among the representatives as the chairperson of the emergency countermeasures, and decided to elect the chairperson through a special election for the reason that the Plaintiff was non-Confidence. Accordingly, Nonparty E was elected as the chairperson of the Defendant at the special election held on August 18, 2017 at the special election held on August 18, 2017.
The contents of the Defendant’s bylaws pertaining to this case are as follows:
Article 22 (Functions) of the Meeting of Representatives in Section 1 of the Chapter 4 and the Meeting shall have the following functions:
8. The following matters, among the matters concerning the disciplinary action against executive officers, among the matters concerning meetings of the union under Section 5 (Special Resolution) of Article 32 (Special Resolution) of the Meeting, shall be carried out by a secret vote in person, and shall be resolved with the attendance of a majority of incumbent members
1. Discipline of officers and disciplinary action against non-Confidences, and the associations of Article 33 (Executive Officers) (1) of the Confidences Act, shall have the following officers:
1. The chairperson: One person;
2. Vice-Chairperson: Number of persons;
3. Auditors: Two persons. Article 35 (Election of Chairperson, Vice Chairperson, Director of liaison, and Auditor)
1. The Chairperson shall be elected by the direct election of members, as a vote for secret life;
E. Meanwhile, in addition to the above regulations, the defendant has a separate provision on disciplinary action and election.