Whether Article 20(2) of the former Trade Union Act, which provides for the election of representatives by direct, secret, or unsigned ballot of members, is a mandatory provision (affirmative)

The purport of Article 20(2) of the former Trade Union Act (repealed by Article 3 of the Addenda of the Trade Union and Labor Relations Adjustment Act, Act No. 5244, Dec. 31, 1996) provides that the representatives of the board of representatives substituted by the highest decision-making body of a trade union shall be elected by the direct, secret, and unsigned vote of the union members. The purpose of Article 20(2) is to ensure that the union members, who are the union members, participate in the decision-making on the organization and operation of the union, is to realize democracy within the union, that is, the democracy of the union, and this is a mandatory provision. Thus, barring any special circumstance, the regulations or election management regulations prescribing indirect methods to prevent the union

Article 20 (2) of the former Trade Union Act (repealed by Article 3 of the Addenda to the Trade Union and Labor Relations Adjustment Act (Act No. 5244 of Dec. 31, 1996) (see Article 17 (2) of the current Trade Union and Labor Relations Adjustment Act)

Plaintiff 1 and four others (Law Firm citizen's General Law Office, Attorneys Yoon Jong-tae et al., Counsel for the plaintiff-appellant)

National Railroad Workers' Union (Attorney Lee Jong-soo, Counsel for defendant-appellant)

Seoul High Court Decision 97Na12596 delivered on July 30, 1997

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Summary of the judgment below

According to the reasoning of the judgment of the court of first instance, the defendant was established with employees working at each of the current offices of the Korea Trade Union and its affiliated companies as well as the employees working at each of the above offices, and its branch offices and affiliated companies under the National Railroad Act; the branch offices are established at each of the above offices; the defendant, on May 23, 1996, shall hold the regional assembly of 196 general assembly members and decided the same contents as stated in its reasoning; the defendant shall not be entitled to vote by the National Assembly's general assembly of 196 general assembly members in proportion to the number of representatives representing each of the above offices and affiliated companies; the number of representatives selected at each of the above offices and affiliated companies by the National Assembly's regional assembly of Korea as well as the number of representatives selected at each of the above offices and affiliated companies by the National Assembly of Korea as the number of representatives selected at each of the above offices and affiliated with the National Assembly's general assembly of Act No. 396, Nov. 28, 1987; and the defendant shall also be elected at each of the National Assembly of Act (Article 234.

2. Determination:

However, Article 20(2) of the Trade Union Act provides that the representatives of a board of representatives substituted by a general meeting, which is the highest decision-making body of a trade union, shall be elected by members by direct, secret, and secret ballot. The purport of Article 20(2) is to realize democracy in the union by allowing members of a trade union to participate in decision-making with respect to the organization and operation of the union, which is to realize democracy in the union, i.e., democracy in the union, and it is a mandatory provision. Thus, barring any special circumstance, the rules or election management regulations that stipulate indirect methods to prevent members from directly participating in the election of representatives in violation of the above provision should be null and void. However, it is evident that each of the above provisions on the election of representatives of the defendant's national representatives provide that the National Assembly shall be elected indirectly without disregarding the above provision, barring special circumstances,

On the other hand, the court below found that the defendant's total members are 28,508 members, and they are 158 local headquarters and 158 local headquarters throughout the country, and that it is practically impossible to hold a general meeting by convening a specific date and at a specific place and convening a general meeting due to the special working conditions where the number of members of the union is 28,508 members and the number of members of the association is different from each other, and the number of members of the association is 24,508 members are 24 hours a week a week a week a week a week a week a week a week a week a week a week a day, and that it is exceptionally permitted to elect representatives by the representative of the union as long as the association's size is nationwide and is in a regional industrial accident, the court below determined that the number of representatives should be allocated national representatives in proportion to the number of members of the association by the branch or local headquarters, and if the representatives of the council are elected by direct, secret, and secret ballot ballot, the court below's decision-making by the defendant 20.

Despite the circumstances, the court below did not err in the misapprehension of legal principles as to Article 20 (2) of the Trade Union Act, and it is clear that such illegality has affected the conclusion of the judgment. Thus, the ground of appeal pointing this out is with merit.

3. Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition with the assent of all Justices who reviewed the case.

Justices Cho Cho-Un (Presiding Justice)