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(영문) 부산지방법원 2017.06.14 2017가합11
분회위원장선거무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is an organization consisting of taxi drivers belonging to C as its branches affiliated with B trade union, and the plaintiff is a member of the defendant's association.

B. On December 4, 2016, the Defendant publicly announced that the election of the chairperson of a regular local chapter (hereinafter “instant election”) should be implemented on December 12, 2016, and the Plaintiff, D, and E sent the instant election as a candidate.

In the election of this case, 81 of 83 of the defendant's 83 members were elected as the chairperson of the defendant's division after obtaining 26 marks, D 1 marks, and E 54 marks.

C. On March 6, 2017, E, as the chairperson of the Defendant’s branch, was indicted for summary facts constituting embezzlement of KRW 27,600,90 among the remainder amount of school expenses paid by the Defendant from June 18, 2012 to September 11, 2015 by the headquarters of B Trade Union and the Busan Regional Headquarters of the Korea Taxi Industry and Trade Union (hereinafter “the remainder amount of school expenses”).

Article 13 (Rights) of the B-Trade Union Regulations shall have the following rights:

1. The same right to speak, the right to vote, the right to vote, and the eligibility for election;

2. Notwithstanding the provisions of subparagraph 1, a person who commits a crime provided for in the provisions of Articles 355, 356, and 357 of the Criminal Act in connection with the activities of a trade union or by taking advantage of his/her position while in office as an executive of a trade union and for whom three years have not passed since a fine or a suspended execution of a sentence became final, or a person who was sentenced to a imprisonment without prison labor or a prison labor and for whom three years have not passed since the non-execution of the sentence became final or since the execution of the sentence was terminated or exempted (including a person whose sentence has become invalidated) shall not be eligible for election;

Provided, That only the head of the B trade union shall be limited.

Article 63 (Disciplinary Action) Any officer or member of the Council may be subject to disciplinary action in accordance with any of the following procedures:

5. Embezzlement, taking advantage of, and useful funds for partnership expenses, special charges, and funds, Article 65.

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