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(영문) 서울중앙지방법원 2018.05.10 2017가합537232
경영협의회 구성원위원선거 무효확인
Text

1. Of the instant lawsuit, the claim part of the Plaintiff Trade Union and the conjunctive Defendant D Co., Ltd.

Reasons

1. Details of the instant case

A. As a party, the Plaintiff A trade union (hereinafter referred to as the “Plaintiff trade union”) is a trade union organized by workers engaged in the information and communications industry and has its affiliated branch D branch. The Plaintiff B is an employee of the primary Defendant D Co., Ltd. (hereinafter referred to as the “Defendant Company”), and the Plaintiff C is an employee of the Defendant Company.

Defendant Company has a business sector E which provides services such as consultation, establishment, and operation in the field of information and communications technology under its jurisdiction, and the management council of Defendant D Co., Ltd. is a labor-management council established in the business sector of Defendant E in accordance with the Act on the Promotion of Workers’ Participation and Cooperation (hereinafter “Labor Participation Act”).

(hereinafter) In accordance with the Workers' Participation Act, the name "the Labor-Management Council" shall be used, and when the Preliminary Defendant D Co., Ltd. E Management Council is established, the name "the Preliminary Defendant E Management Council" shall be used in accordance with the purport indicated by the parties.

The election to elect the worker members of the labor-management council in the business sector of the defendant company E (hereinafter referred to as the “instant election”) was held on March 27, 2017 through December 28, 2017 throughout the framework. The above election was held in a way that ten workers’ members are elected, each of the above 10 business sectors, in line with the fact that the defendant company re-divided the E business sector into ten business sectors.

Plaintiff

B was released as a candidate to the manufacturing sector among the above 10 business sector, but the plaintiff C went out to the communications sector among the above 10 business sector, but the plaintiff C was deprived of his eligibility as a candidate by the election commission on March 22, 2017, the election day before the election day.

[Ground of recognition] There is no dispute.

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