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(영문) 서울남부지방법원 2016.08.10 2015가단60461
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Ⅰ. The gist of the plaintiffs' assertion is as follows.

0. The plaintiffs originally belonging to the National Democratic Public Officials' Union (hereinafter referred to as the "Public Workers' Union"). The plaintiffs were to join the National Public Officials' Union on September 23, 2009 with the defendant as a branch of the nature Epic entity after the merger with the defendant on September 23, 2009. The defendant, on July 26, 2014, passed a resolution to hold a plan for the public officials' organization and to collect the funds for special countermeasures from its members and to accumulate the remaining money after the use of the funds, after raising the funds from its members on May 2, 2015, and then raising the funds to the defendant on May 2, 2015 (the remaining funds after the completion of the resolution of the National Public Officials' Union on May 29, 2015). The defendant should hold the National Assembly Resolution 2005 billion won from the total amount of the funds to be distributed to 300 billion won after the completion of the resolution of the National Assembly Resolution 2005 billion won.

Ⅱ. Whether it is the “Character” of the Defendant Union - Unit Trade Union

1. The Trade Union and Labor Relations Adjustment Act in the form of a trade union (hereinafter referred to as the “Trade Union Act”) is an organization organized by workers as its principal agent for the purpose of maintaining and improving the working conditions and promoting the improvement of the economic and social status of workers by independently and in part.

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