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(영문) 서울행정법원 2016.11.10 2016구합58284
노동조합설립신고반려처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On September 23, 2009, the former Korean Public Officials Workers' Union, a telegraphic body of the Plaintiff, established a "Korean Government Officials' Union" by a resolution for a merger with the National Democratic Public Officials' Union and the National Public Officials' Union. On November 28, 2009, the board of representatives changed its name to the Plaintiff.

On December 1, 2009, the Plaintiff submitted a trade union establishment report to the Defendant. However, on December 24, 2009, the Defendant rejected the said establishment report on the ground that the Plaintiff did not comply with the rules that stipulate that the Plaintiff succeeds to the status of a member of the former Korean Public Officials’ Union and the demand for supplementation for the membership of 82 dismissed.

On February 25, 2010, the Plaintiff filed a new report on the establishment of a trade union to the Defendant. However, on March 3, 2010, the Defendant rejected the said report on establishment on the ground that 82 of the dismissed workers who were members of the former Korean Public Officials' Union are still included in the Plaintiff’s members.

Therefore, although the Plaintiff filed a lawsuit against the Defendant seeking revocation of the return of the above union establishment report (Seoul Administrative Court 2010Guhap11276), the judgment against the Defendant was rendered on July 23, 2010, which became final and conclusive through the appellate court (Seoul High Court 2010Nu25239) and the final appeal (Supreme Court 201Du6998).

On March 26, 2012, the Plaintiff submitted a trade union establishment report to the Defendant again. However, on April 19, 2012, the Defendant rejected the said establishment report on the ground that the Plaintiff did not comply with the vindication as to whether the Plaintiff was admitted to membership of the dismissed and the demand for supplementation for amendment to the rules recognizing the membership of the dismissed.

On May 27, 2013, the Plaintiff submitted a labor union establishment report to the Defendant again, but the Defendant returned the said establishment report on August 2, 2013 on the ground that the proviso to Article 7(2) of the Plaintiff’s Rules can be deemed to allow the entry of a person who is not allowed to join the labor union.

Plaintiff .

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