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(영문) 서울중앙지방법원 2018.07.05 2017가합506825
조합원지위확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 1, 1998, the Plaintiff joined a D hotel operated by C Co., Ltd. and worked as the head of the hotel food business team annual president.

B. C Co., Ltd. merged with E and F Co., Ltd. in December 2009 and incorporated G Co., Ltd. (hereinafter “Nonindicted Company”).

C. The non-party company is operating the non-party company's business division divided into the hotel division "the hotel division", "riart division", and "FC division" and among them there are "D hotel business place" and "H business place" in the hotel division.

The defendant is a trade union established for the purpose of improving the working conditions of workers belonging to the "D hotel business place" (hereinafter referred to as "Defendant trade union"), and the I trade union is a trade union established for the purpose of improving the working conditions of workers belonging to the "H

(hereinafter referred to as "I trade union"). (e)

On May 16, 2016, the non-party company issued an order to transfer the Plaintiff to the “J” manager of the “D hotel food business team head” in the “D hotel business place” to the “J” manager of the H business place.

F. The Plaintiff asserted that the above transfer order is unfair, and filed an application for unfair transfer remedy with the Seoul Regional Labor Relations Commission, but the Seoul Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on September 7, 2016 on the ground that the need for transfer business is recognized.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 3, 5, and 6 (Evidence Nos. 3, 5, hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's ground for claim

(a) Matters concerning changes in the status of members, such as qualifications and disqualification of members, shall be stipulated by the rules of a trade union which has undergone a general meeting of members;

The Plaintiff was transferred from “D hotel business place” to “H business place” in accordance with the unfair transfer order of the non-party company.

Article 11 of the Code of the defendant trade union (Evidence 1) shall be retired, dismissed, expelled, removed, and deceased.

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