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(영문) 울산지방법원 2016.07.06 2015가합2610
조합원제명결의 등 무효확인
Text

1. Although the Defendant stated the purport of the claim on April 24, 2015 as of April 25, 2015, the evidence submitted is examined.

Reasons

The defendant between the parties of the basic facts is a company-level trade union established for workers of B corporation.

In the absence of dispute, the Plaintiff was an employee of B Co., Ltd. (hereinafter referred to as “employer”) from January 2009 to March 2015, 11, and 12 of the Defendant’s 13th president (association president). However, the Plaintiff was a person who failed to comply with the present Defendant’s C and was subject to a disposition of expulsion from the Defendant in accordance with the resolution of expulsion and retrial under the following.

The defendant, on April 24, 2015, passed a resolution for expulsion against the plaintiff at the representative conference (hereinafter "the resolution of expulsion of this case"), and notified the plaintiff on the following day.

With respect to the resolution of expulsion No. 1 and No. 2-1, No. 2-2, the Plaintiff filed a petition for reexamination on April 28, 2015. On June 10, 2015, the Defendant passed a resolution to recall the Plaintiff again at the representative conference (hereinafter “the resolution of the instant reexamination”) and notified the Plaintiff on the same day.

The plaintiff, as the ground for expulsion of the defendant's assertion No. 6 and No. 3, on behalf of the defendant (hereinafter "the act of this case") during the period of his/her term of office as the defendant's chairperson, did not go through the following procedures, such as reporting to the representative meeting:

On the other hand, the defendant asserted that the plaintiff unilaterally performed the act of this case without reporting it to the representative conference during the litigation process of this case as the reason for expulsion against the plaintiff.

The National Union of Chemical Labor Union is a negotiation body that is composed of more than a majority of workers belonging to B, and it is the revision of the rules of employment and personnel regulations to change all the provisions related to ordinary wages from January 1, 2015 into the same contents as that of the same company.

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