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(영문) 서울고등법원 1989. 4. 27. 선고 89구345 판결
[노조설립신고반려처분무효확인][판례집불게재]
Plaintiff

National Essential Trade Union

Defendant

The Minister of Labor;

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Purport of claim

The Korean-style Trade Union dated February 29, 1988 and August 30, 1988 by the defendant against the plaintiff

It is confirmed that each disposition against the report of establishment is null and void. Litigation costs are borne by the defendant. Only paragraph (1) can the plaintiff's duties be provisionally executed.

Reasons

(2) The defendant shall submit to the defendant a report of establishment of the Korean Trade Union on 1987 and shall not return the report of establishment of the Korean Trade Union on 1987, 36 workers in need of the above 1987.2. The defendant shall not return the report of establishment of the Korean Trade Union on 1987.2. The defendant shall not return the report of establishment of the Union to the plaintiff's members on 1987.2. The plaintiff shall not return the report of establishment of the Union on 1987.2. The plaintiff shall not return the report of establishment of the Association to the plaintiff's members on 1987.2. The plaintiff shall not return the report of establishment of the Association to the plaintiff's members on 1987.2. The plaintiff shall not return the report of establishment of the Association to the plaintiff's members on 1987.2. The plaintiff shall not return the report of establishment of the Association's members on 1987.12.2.

The defendant asserts that the above disposition is lawful in light of the grounds for disposition. The plaintiff argues that the above disposition is legitimate, and that the labor administrative guidelines for issuing a certificate of completion of report if only an application for membership is filed even if it does not join the affiliated associated organization, and that the plaintiff issued a certificate of completion of report to the Seoul Food and Drug Trade Union without the statement in spite of the membership of the affiliated organization as well as the absence of an application for membership. Thus, the plaintiff's report on establishment is lawful and the certificate of completion of report is to be issued. In other words, each of the above dispositions

In addition to the whole purport of the pleading in the above Gap evidence No. 5, No. 15, No. 15, No. 5, No. 5, No. 5 (Regulations), the plaintiff is an association consisting of 36 members of the whole nation, excluding Busan Special Metropolitan City and Metropolitan Cities, with the exception of the whole purport of the pleading. The plaintiff is an association consisting of 36 members of the daily food, Chinese food, heavy food, patriarche, patrine importance, and decentralization business, at the defendant's request for supplementation.

According to the above-mentioned facts, although the Korean Federation applied for membership as an associated organization on March 30, 1988, it was rejected due to the absence of important organizational status of the Plaintiff Union, non-conformity of minutes of the Mao-Mao-Mao-Mao-Ma-Ma-Ma-Ma-Ma-Ma-ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma]

Therefore, the defendant's claim of this case on the ground that the above return disposition is null and void is dismissed as without merit, and the costs of lawsuit are assessed against the plaintiff who has lost. It is so decided as per Disposition.

Judges Kim So-ho (Presiding Judge)

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