beta
Text
1. All of the plaintiffs' lawsuits against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. From November 17, 2017 to November 19, 2017, Defendant D Trade Union (hereinafter “Defendant D Trade Union”) conducted an election and an extraordinary general meeting (hereinafter “instant election”) to elect the chairperson, the chief vice-chairperson, and the secretary general (sixth officers), from November 17, 2017.
B. As a result of the voting by 12,229 out of 33,56 voters, the number 1 3,553 marks, 2 marks 3,331 marks and 3 (Defendant E, Defendant F of the Chairperson, Defendant G of the Vice-Chairperson, and Defendant G of the Secretary) obtained 3,96 marks, excluding 1,349 marks 1,349 marks (including 831 marks).
C. On November 24, 2017, the National Election Commission of the Defendant Trade Union publicly announced that Defendant E, F, and G (hereinafter “ Defendants No. 3”) became final and conclusive in election as the chairperson, the chief vice-chairperson, and the secretary general of the instant trade union.
The Plaintiffs filed a provisional disposition against the Defendants No. 3 with Seoul Southern District Court 2018Kahap20177, which sought suspension of the performance of duties and appointment of an acting director. On July 3, 2018, the said court rendered a decision to dismiss the application for suspension of performance of duties on the ground that “the instant election was not effective because it does not satisfy all the requirements for the consent of a majority of the incumbent union members and the consent of a majority of the present union members as stipulated in the main sentence of Article 16(2) of the Trade Union and Labor Relations Adjustment Act, but the necessity to appoint an acting director is insufficient.”
E. After the instant decision, the Defendant Trade Union held a meeting on July 10, 2018, and the remaining members, other than the Defendants, whose performance of duties was suspended, attended, and appointed I as the chairperson acting as the chairperson, the chief vice-chairperson, and the J as the acting director of the office.
F. Defendant E, on July 13, 2018, has resigned to the Defendant Trade Union.