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(영문) 대전고등법원 2018.05.03 2017나14602
제명결의무효 등
Text

1. The appeal by the defendant C&A shall be dismissed.

2. The plaintiff's action against the defendant B's regional headquarters shall be dismissed.

3...

Reasons

In the first instance trial, the Plaintiff filed a claim for confirmation of invalidity of each disciplinary measure with Defendant B’s regional headquarters (hereinafter “Defendant B’s regional headquarters”) as the primary Defendant and Defendant C Trade Union (hereinafter “Defendant C Trade Union”) as the primary Defendant.

The first instance court rejected the plaintiff's lawsuit against the primary defendant, and accepted the claim against the conjunctive defendant.

On this issue, only the conjunctive defendant appealed.

Where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the part of the claim against other co-litigants shall be prevented, and it shall be subject to adjudication in the appellate court (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). In such a case, the subject of adjudication on an appeal shall be determined by considering the necessity of the unity of the conclusion between the main co-litigants and their other parties (see, e.g., Supreme Court Decision 2009Da4355, Feb. 24, 201). Thus, the scope of adjudication in this court shall be determined by the appeal of the conjunctive defendant, and the part of the claim against the primary defendant was transferred to the appellate court.

Basic Facts

The status of the parties is the trade union established under the Trade Union and Labor Relations Adjustment Act with the organization subject to C and C-related industrial workers, etc., and the defendant B’s regional headquarters is the subordinate organization of the defendant C's labor union established under the "Rules on the Establishment of Regional Headquarters and Branch Offices" of the defendant C's labor union.

From January 1, 2016, the Plaintiff, as a member of the Defendant C's labor union, was established as the Defendant C's Union Branch D branch (hereinafter referred to as the "G branch") affiliated with the Defendants (hereinafter referred to as the "D branch") and affiliated organizations under the Defendant C's labor union and affiliated organizations were established as the Defendant C's Community Headquarters G branch in the case of D branch.

The secretary general has been in charge of the affairs of the Council.

On October 26, 2016, the head of the G branch office in the expulsion resolution against the Plaintiff shall be against the Plaintiff for the following reasons to the G branch operating committee:

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