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(영문) 서울고등법원 2016.11.30 2016나4909
총회결의무효 등
Text

1. Of the judgment of the first instance, the part against the Defendant, including the claim changed from the trial before remand.

Reasons

The basic fact is an industrial trade union of a national scale comprised of workers engaged in the metal industry (hereinafter referred to as "ICO") with the organization of workers.

Many branches (Seoul Branch, Daegu Branch, racing Branch, etc.) are located under the IMF, and many branches are located below each branch.

M trade union composed of workers of M&A was established around August 1987.

However, around July 1999, "N", which is a French automobile parts company, acquired a racing plant of M&A, and established the Defendant joining the Defendant, and thereafter, the J&A was constituted as the workers belonging to the former M&A branch.

Around February 2001, the International Trade Union was completed as an industrial-level union, and the J Trade Union became a "JJ branch of the International Trade Union and Labor Relations Branch" following a structural change resolution.

(hereinafter referred to as the “J branch”). At the time of February 2010, A was the chairperson of the I labor union, B was the head of the I labor union, and the head of the I labor union and the head of the I labor union and the head of the J branch, and Plaintiff C was the head of the J branch, and Plaintiff E and F was the representative of the I labor union or I labor union racing branch as the member of the J branch.

On February 4, 2010, five workers in the guard service of factories No. 12, 2010 wishing to convert their production positions from among 13 workers in the presence of factories are placed in production positions, the remainder is limited to the second factory guard service, and the first factory guard service was assigned to the service company.

On February 4, 2010, J Branch refused to engage in overtime and night work by asserting that “the externalization of security services is in violation of a collective agreement and thus must be withdrawn.” On February 5, 2010, the J Branch decided to engage in industrial action with the consent of 92% at the general meeting of the union members, decided to engage in industrial action with the consent of 92%, refused to engage in the normal work for 8 hours in the same day and two hours in the overtime work. From February 9, 2010 to February 12, 2010, it engaged in the work to reduce the amount of production to 70% for 10 hours in the work.

The Intervenor joining the Defendant against an industrial action on February 2010.

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