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1. Revocation of the first instance judgment.
2. The defendant's vice-chairperson election implemented on December 22, 2015 shall be confirmed as invalid.
Reasons
1. Basic facts
A. The defendant is the party's position under the Korean Labor Union Federation C branch (workplace C corporation; hereinafter "Defendant Trade Union") of the Korea Automobile Union C, and the plaintiff is the party's member of the defendant Trade Union.
B. In relation to an election of executive officers, including a vice-chairperson of the Defendant Trade Union, the Election Management Regulations for Seoul City Bus (Transportation) Trade Union (hereinafter “Election Management Regulations”) shall apply.
(2) Article 37(2) of the Constitution provides that “If a candidate runs more than two persons, a majority of incumbent persons need to vote and a majority of voters, and if there is no majority, two highest votes shall be held, but a majority of votes shall be elected regardless of the majority (Article 37(2)) and D shall be elected as the requirement for election (Article 37(2)). The Plaintiff and D shall be elected as the vice-chairperson of the Defendant Trade Union, which was enforced on December 15, 2015.
In the above election, 276 of the members of the defendant trade union made a valid vote, and the plaintiff 138 votes and D 137 votes votes.
In the end, both the Plaintiff and D did not obtain a majority in the first vote. (1) In the end, both the Plaintiff and D did not obtain a majority vote.
3) From the voting that came into force on December 22, 2015, 276 members were voting valid, the Plaintiff obtained 134 votes and 142 votes. Ultimately, D who obtained majority votes was elected as the vice-chairperson of the Defendant trade union (hereinafter “the second election”).
(ii) [In the absence of a dispute over the basis of recognition, evidence Nos. 1, 4, 5, 7, 8, 9, 12, Eul evidence No. 2, and the purport of the whole pleadings.
2. The parties' assertion
A. After the first election of the Plaintiff’s assertion, D promised to pay KRW 6 million and KRW 3 million to E, who was the core witness of the Plaintiff’s election for the second election, upon requesting their support.
This is remarkably infringing on the freedom and fairness of election, and D's act also affects the result of election.