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(영문) 대구지방법원 2015.01.07 2014나14038
부당이득금등
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence 7, 10, and 11, together with the purport of the entire pleadings.

The designated parties, including the Plaintiff and the designated parties (hereinafter referred to as the “Plaintiffs”), who are the inheritee C’s decedents, joined the Defendant Association, which was the only old-age partnership of the non-party company, as the bus drivers working in the Manam Automobile Corporation (hereinafter referred to as the “non-party company”).

However, in accordance with Article 7(1) of the Addenda of the Trade Union and Labor Relations Adjustment Act (amended by Act No. 930, Jan. 1, 2010; hereinafter “Trade Union Act”), multiple trade unions were permitted to be established from July 1, 201, and the Plaintiffs withdrawn from the Defendant Union on or around October 2011, and subscribed to the Mannam Branch of the Korea Public Transport and Social Services Trade Union, Daegu Inter-Korean Bus Branch (hereinafter “Non-Party Association”), and the Plaintiff C’s predecessor network D and the rest of the Plaintiffs, collectively, for convenience.

B. Meanwhile, on the other hand, Plaintiff B joined the sub-committee on March 23, 2005 and retired from office on December 11, 2012. Plaintiff C’s decedent D was employed on March 21, 200 and retired from office on August 16, 2012, and Plaintiff C succeeded to the deceased’s property.

2. The assertion and determination concerning the labor union welfare fund and the labor union support fund

A. The Defendant Cooperative received KRW 12,299,80 with the Trade Union Welfare Fund, KRW 8,500 with the labor union welfare fund, KRW 8,936,500 with the labor union welfare fund on April 28, 2011, and KRW 25,280,070 with the labor union welfare fund on August 8, 2011. The said money is equally divided among the employees belonging to the Defendant Cooperative, and the Plaintiffs did not pay it to each of the employees belonging to the Defendant Cooperative. Accordingly, the Plaintiffs are obligated to pay KRW 162,051 (=25,280,070 ¡À156).

B. The defendant union's assertion against the defendant union is set aside with the non-party company according to the resolution of the general meeting.

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