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(영문) 서울중앙지방법원 2018.06.08 2017가합587718
무효확인
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The defendant has a district council which supervises a metropolitan organization with a trade union consisting of full-time workers working in B and a branch office below, and the plaintiff is the defendant's member.

B. On October 17, 2017, Article 7(1) and (2) of the Defendant’s Election Regulations (hereinafter “instant Election Regulations”) as indicated in [Attachment 1] (hereinafter “instant amended Election Regulations”) were adopted by the Defendant’s Steering Committee, as stated in [Attachment 1] and [Attachment 2], a resolution that constitutes the Defendant’s Election Commission (hereinafter “instant Resolution 2”) in accordance with the instant amended Election Regulations, as stated in [Attachment 1] and (2).

C. The laws related to the instant case and the Defendant’s rules (hereinafter “instant regulations”), and the contents of the instant election regulations are as follows.

▣ 노동조합 및 노동관계조정법(이하 ‘노동조합법’이라고 한다) 제16조(총회의 의결사항) ① 다음 각호의 사항은 총회의 의결을 거쳐야 한다.

1. Matters concerning the enactment and amendment of the regulations;

2. Matters concerning the election and dismissal of officers.

Provided, That matters concerning the enactment and amendment of the bylaws, dismissal of executives, merger, division, dissolution, and structural change shall be subject to the attendance of a majority of the incumbent members and the approval of at least 2/3 of the present members.

(3) Notwithstanding the provisions of the main sentence of paragraph (2), in case where in an election of officers, any candidate does not obtain the consent of a majority of the members present, a candidate with the highest votes in a run-off election may be elected in accordance with the bylaws.

(4) Rules;

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