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(영문) 대구지방법원 서부지원 2017.04.28 2016가합52488
선거무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a member of the Defendant, and the Defendant is a trade union consisting of approximately 167 members working for Co., Ltd. E (formerly, “Co., Ltd.”), and is operated in the form of a branch of B trade union.

B. On September 26, 2016, the Defendant announced the election of the head of the B trade union C branch on October 6, 2016, but the campaign period for candidate candidates was from October 3, 2016 to October 5, 2016, and registered with a letter of recommendation at least 10% of all union members as a document required for candidate candidates, and publicly announced the election procedure for the head of the branch office (hereinafter “instant election”) with the purport that it is impossible to make duplicate recommendations.

C. The Intervenor was recommended by 73, and F was recommended by 17, respectively. The Plaintiff was willing to run for the instant election, but only three (excluding the Plaintiff) recommended by 17 (167 members x 1/10) recommended by the Defendant’s election-related regulations, which do not fall short of 17 (167 members x 1/10).

On October 6, 2016, the Defendant: (a) held the instant election on October 6, 2016; (b) obtained 93 votes from total of 167 voters; (c) obtained 52 votes from total of 167 voters; and (d) was elected by the Intervenor as the head

(Invalidity 13. 9. E.)

The election-related regulations and higher union regulations and election-related regulations under the defendant's union regulations shall be as follows:

【National Motor Vehicle Trade Union Regulations for the Election Management of Executive Officers of the National Motor Vehicle Union (hereinafter referred to as the “National Motor Vehicle Union Regulations”).

[2] Chapter 1 of the General Provisions of Chapter 1 (Reasons for Enactment) is established on the basis of the rules of the National Motor Vehicle Trade Union Federation (hereinafter “Trade Union”).

Article 3 (Application of Provisions) This provision shall apply only to the election of the Chairperson of the Labor Relations Commission.

Section 2. A member who intends to run for the Chairperson of Article 11 (Registration of Candidates) who intends to run for the Chairperson shall meet the working hours and the fixed date of public announcement under Article 8 (3) with the following documents:

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