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(영문) 춘천지방법원강릉지원 2019.06.04 2018가합30576
당선무효확인
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 status of the parties 1) D Co., Ltd. (hereinafter “D”).

(2) The defendant is a trade union composed of D's production workers. The defendant is a trade union established for cement manufacturing business, etc.

3) The Plaintiff is the Defendant’s member as the production worker of D. C. Since the Defendant’s 25th chairman of the Defendant’s 25th chairman of September 1, 2006, the Plaintiff served as the 26th and 27th chairman of the company, and is designated as a worker subject to exemption from full-time officer or working hours of a trade union.

B. 1) The Defendant representing the Defendant was expected to have his/her term of office three years, and C’s term of office, the 28th Chairperson, will expire on August 31, 2018. (2) On May 21, 2018, the Defendant held a temporary representative competition and decided to postpone the election for the 29th election for the re-election of the chairman and the vice-chairman for the re-election of the chairman who will expire on August 31, 2018 (hereinafter “instant election”), and the Defendant’s election commission publicly announced that the instant election was held on the same day on June 5, 2018.

3) During the instant election process, the Plaintiff and C registered as a candidate for the Chairperson. (c) During the instant election process, the Plaintiff came to know of the Plaintiff’s suspicion that “C has received KRW 10 million from D on December 22, 2017, and KRW 7.5 million on March 7, 2018 as expenses for self-driving and on-site activities,” and filed suspicions as to the instant election. The Plaintiff demanded C to explain the Plaintiff’s suspicions. D. Accordingly, C was present at a temporary representative meeting on May 21, 2018, and “1960 association members were paid wages reduced due to the extension of their retirement age for one year under a collective agreement, and thus, received wages retroactively from the application of the wage peak system.”

A full-time officer of a trade union shall have different production workers and wage systems and shall be paid six months retroactive to C's wage system on December 22, 2017, and other members of the trade union shall be paid.

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