logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2016.08.11 2015가합103215
대의원선거 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The summary of the plaintiff's assertion ① some candidates, who were going to run in the election of this case, referring to the "mandatory reduction campaign" in violation of the regulations of the National Motor Vehicle Trade Union Federation, and pointing this out, the defendant's election commission did not restrain them. ② The defendant did not amend the election management regulations without following the prescribed procedure, thereby favorable to a specific candidate, and ③ the defendant's chairperson of the election management et al. violated the duty of neutrality by supporting a specific candidate. Thus, the election of this case is invalid because there is a defect that has a significant impact on the result of the election due to the procedural illegality, etc.

2. Judgment on the defendant's main defense of safety

A. The defendant's main defense to the safety of the defendant is no longer the plaintiff withdraws from the defendant and is therefore a member of the defendant, and the lawsuit of this case is unlawful as there is no benefit of confirmation.

B. Determination 1) In a lawsuit seeking confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, if there is apprehensions about the Plaintiff’s rights or legal status, receiving a judgment of confirmation is the most effective and appropriate means to eliminate such apprehensions (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). In light of the foregoing legal doctrine as seen earlier, the fact that the Plaintiff submitted “trade union withdrawal” to the Defendant as of September 25, 2015 and the fact that the Plaintiff withdraws from the Defendant is no dispute between the parties. Accordingly, it cannot be said that the Plaintiff, other than the Defendant’s members, has a legal interest in seeking confirmation of the invalidity of the election of this case corresponding to the Defendant’s internal dispute. (2) The Plaintiff becomes final and conclusive with respect to the invalidity of the election of this case.

arrow