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(영문) 대전지방법원 2018.01.17 2017가합104563
노조지부장 당선자 지위 확인등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a trade union consisting of the workers of the company B in Daejeon-gu, Daejeon, which is a company-level trade union affiliated with the National Automobile Trade Union Federation of Daejeon Metropolitan City, and the plaintiff is a member of the defendant.

B. As the term of office of E, the head of the Defendant’s branch office, expired on August 27, 2017, the Defendant constituted an election commission that requires F to elect a new head of the branch office (hereinafter “first election”), and held an election for the head of the branch office on June 30, 2017 (hereinafter “first election”).

In the above election, 220 persons among the defendant's members participated in the voting, and as a result of the ballot counting, 20 persons who received the E95, 51, G 37, H 14, I 10, J 8, and K5, respectively, did not receive any excessive votes.

C. Accordingly, on July 1, 2017, the Defendant held the instant secondary election (hereinafter referred to as “instant secondary election”) by making the Plaintiff as a candidate for the votes obtained from the Plaintiff, who was the largest number of votes obtained in E and the next order, who was the largest number of votes obtained.

In the above election, 220 of the defendant union members participated in the voting, and E and the plaintiff obtained 110 votes respectively as a result of the ballot counting.

E, July 1, 2017, stating that “In the process of the second election, J’s ballot paper to the Plaintiff at the instant balloting booth was shown to its members and observers, and the ballot paper was left on the ballot box, and thus, it is naturally null and void, and if excluding this, E shall file an objection on the front line with the reason that “E shall be decided as the elected person by virtue of 110 marks and 109 marks.”

On the other hand, on July 2, 2017, the Plaintiff also deprived of his eligibility as a candidate because the E violated the Election Management Regulations, and even if the elected person is determined as the elected person, it constitutes a reason for invalidation of election, and even if the J ballot paper is not known to anyone, it is not possible to cast any vote, but the chairman of the elected person included it in the ballot box and processed it as an valid vote and counted it in the ballot box.

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