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(영문) 서울고등법원 2015.08.20 2014누49981
노동조합설립신고서반려처분취소
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

Basic Facts

On September 23, 2009, the old Korean Public Official Workers' Union, the overall details of the establishment of the Plaintiff and the process of the disposition, passed a merger resolution with the National Democratic Public Officials' Union and the National Public Officials' Union, and subsequently, the name of the Plaintiff was changed from the board of representatives to the Plaintiff on November 28, 2009.

On December 1, 2009, the former National Public Officials' Union submitted a report on dissolution of a trade union to the Defendant, and the Plaintiff submitted a report on establishment of a trade union to the Defendant on the same day.

On December 1, 2009, the Plaintiff submitted a trade union establishment report to the Defendant on December 1, 2009.

The defendant, on December 4, 2009, demanded supplementation on the ground that the plaintiff succeeded to the status of the members of the former Korean Public Officials' Union, and that 82 of the dismissed was confirmed at the time of the operation of the former Korean Public Officials' Union, but the plaintiff did not comply with the above request for supplementation.

Accordingly, on December 24, 2009, the Defendant rendered a disposition to return the Plaintiff’s establishment report on December 1, 2009 pursuant to the Act on the Establishment and Operation of Public Officials’ Labor Unions (hereinafter “Public Officials’ Labor Relations Adjustment Act”) and the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

On February 25, 2010, the Plaintiff submitted a trade union establishment report to the Defendant again.

On March 3, 2010, the defendant included 82 dismissed workers who were members of the former Korean Public Officials' Union, and 8 of the representative of an organization affiliated with the plaintiff is prohibited from joining a trade union pursuant to Article 6 (2) 1 of the Public Officials' Labor Union Act and Article 3 (1) 1 (b) of the Enforcement Decree of the same Act, and is a public official who mainly directs, supervises, or supervises the performance of duties of other public officials within the department (hereinafter referred to as "general manager").

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