logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.06.09 2015가합751
선거무효확인
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. The defendant is a trade union established on January 9, 1989 on which the crew and workers engaged in the E-fishing vessel, merchant vessel, tourist vessel, and aquaculture are organized.

B. On November 2014, in the absence of the Defendant’s executive officers, C et al. reported 15 members of the Defendant’s association to the head of the E branch with the consent of 11 of them, and requested the convening authority of the general meeting to nominate the election commission and the officer.

On November 11, 2014, the E branch office designated D as the convening authority of the general assembly.

C. On November 11, 2014, D, as a person with authority to convene a general meeting, published a public notice to convene a general meeting to elect a temporary president, to elect election management members, and to elect executives at a general meeting on November 21, 2014 by attaching a public notice to the office of Defendant F Branch.

(hereinafter “instant general assembly”). D.

At the instant assembly, G became the Speaker pro tempore, and at the beginning of November 2014, five persons, including H, I, J, K, and L, who reported to the branch office of E as a union member, were suspended from the rights pursuant to Article 17 of the Defendant’s Covenant because they did not pay union expenses for at least three months, and the five persons were excluded from the number of union members.

Therefore, the general meeting of this case was calculated by nine members, including M, N,O, P, Q, R, S, C, and D, among the 10 members of the instant general meeting. The nine members elected M as the chairperson of the election management committee, elected P and Q as the election management member, and then elected C as the chairperson of the Defendant with the consent of all members by direct, secret, and secret vote, and elected D as the chairperson of the Defendant Vice-Chairperson and the auditor respectively.

(hereinafter referred to as “instant resolution”). E.

Among the rules of the defendant and the management regulations of the defendant representative conference, the parts relating to this case are as follows:

Article 11 (Admission and Withdrawal) ① Seafarers and workers engaged in fishing vessels, merchant vessels, tourist boats, and aquaculture in E shall become final and conclusive with the approval of the chairperson when submitting an application for joining to the defendant.

Article 12 (Removals) Any person who falls under any of the following subparagraphs shall be automatically admitted to membership:

arrow