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(영문) 서울고등법원 2017.04.21 2016나2060097
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 23, 2009, the former Korean Government Officials’ Union, a telegraphic body of the Defendant, established a “Korean Government Officials’ Union” by a resolution for a merger with the National Democratic Public Officials’ Union and the Court Officials’ Union. On November 28, 2009, the board of representatives changed its name to the Defendant.

The defendant, including December 1, 2009, submitted a trade union establishment report to the Minister of Employment and Labor several times, but all of them were returned.

B. On July 26, 2014, on which discussions on the amendment of the Public Officials Pension Act were underway, the Defendant held a temporary national representatives conference and passed a resolution on the “plan for the formation of the public official pension campaign” (hereinafter “instant resolution”). The said draft includes the collection of the sloping fund.

C. Since then, the Defendant collected the fight fund through its branch, etc., and started a pension strike. On May 29, 2015, the amendment of the Public Officials Pension Act was passed by the National Assembly on May 29, 2015.

The result of the settlement of accounts of the pension strike fund from August 1, 2014 to July 31, 2015, the revenue of KRW 9,078,652,879, the expenditure of KRW 7,044,014,369 is 2,034,638,510.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 3, 7, 9, 11, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant is not a unit trade union, but a federation of labor organizations forming a unit trade union, or so-called legal labor union which has not yet completed the report on establishment.

The Plaintiffs, only as a unit trade union, was a member of the Defendant, who was a "branch", and went away from the Defendant through a change of organization.

The Defendant’s constituent labor organizations, including the Plaintiffs, collected the strike fund from their members, etc. in accordance with the instant resolution and entrusted it to the Defendant. At the time, the Defendant and the Defendant at the time completed the pension strike, the balance of the strike fund.

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