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(영문) 전주지방법원군산지원 2016.09.30 2016가합68
무효확인
Text

1. We affirm that the Defendant’s disposition of November 26, 2015 against the Plaintiff was invalid.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The party-related defendant is a trade union belonging to the Korean Union Federation of Chemical Unions which consists of not more than a director-class employed in B corporation (including a management position, a member-in-law) and a contractual worker from a member-in-law.

The Plaintiff was a member of the Defendant, who was employed as a worker in the above company, and was in office as the vice-chairperson of the Defendant from January 1, 2012 to December 31, 2014.

B. On January 29, 2015, the Defendant decided to refer the Plaintiff to the Disciplinary Committee on the ground that “the reserve fund and cash receipt and disbursement book, the auxiliary department related thereto, and other matters without obtaining approval from the above and the vice-chairperson,” and on the bulletin board of February 3, 2015, at the 3rd Temporary Congress held on July 1, 2015, the Defendant passed a resolution to refer the Plaintiff to the Disciplinary Committee on the grounds that “the foregoing and the vice-chairperson’s approval by proxy, and other matters” was signed, and announced on the bulletin board of the 2015th Temporary Assembly held on July 2, 2015, the Defendant made a resolution to refer the “case of the Disciplinary Committee according to the absence of minutes” to the Plaintiff on July 13, 2015, as the result of the said 1 and 3rd Temporary Congress’s violation of Article 59(1) of the Rules of Association (hereinafter “Rules of Association”).

3) On November 19, 2015, the Defendant: (a) held the first instance court disciplinary committee to provide the Plaintiff with an opportunity to vindicate; and (b) took a disciplinary measure under Article 61(2) of the Union Regulations on the grounds that there are grounds for disciplinary action against a violation of Article 36(2)(a) and (b) of the Union Regulations and other matters; and (b) notified the Plaintiff of the disciplinary measure on November 26, 2015 (hereinafter “instant disciplinary measure”).

- concrete.

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