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(영문) 서울서부지방법원 2014.10.02 2013가합3088
노동조합설립무효확인
Text

1. All of the instant lawsuits are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a trade union comprised of workers working at the B Hospital’s workplace, C Hospital’s workplace, and D Hospital’s workplace under A (hereinafter “A”).

The Defendant B Hospital Labor Union (hereinafter “Defendant B Hospital Labor Union”) is a trade union comprised of employees working at the place of business of the hospital, and the Defendant C Hospital Labor Union (hereinafter “Defendant C Hospital Labor Union”) is a trade union comprised of employees working at the place of business of the hospital, and Defendant D Hospital Labor Union (hereinafter “Defendant D Hospital Labor Union”) is a trade union comprised of employees working at the place of business of the hospital.

B. In the past of the establishment of multiple labor union, each trade union exists in A, C Hospital, E Hospital, and D Hospital under A, and on February 27, 2009, the trade union of B Hospital, C Hospital, and D Hospital except E Hospital was held as a representative and declared the integration of the trade union and made a resolution against F as the chairperson of the Integrated Promotion Committee.

On October 27, 2009, the trade union of the above three hospitals held temporary delegates, and resolved on the amendment of organization, amendment of rules (the extension of the scope of members to workers engaged in the workplace in the school foundation G), and amendment of election regulations (the election of the chairman and the head of the branch office due to the consolidation shall be conducted in the representatives conference), and the labor union of the above three hospitals was incorporated into the labor union of the above three hospitals and established by the plaintiff.

(3) On November 6, 2009, a representative meeting to elect executives was held on November 6, 2009 in accordance with the amended regulations and the election management regulations, and the chairman and the head of each branch office were elected.

After that, on July 1, 201, the labor union of Defendant D Hospital was established on July 1, 201, the labor union of Defendant C Hospital was established on the 20th of the same month, and the labor union of Defendant B Hospital was respectively established on the 22th of the same month.

In addition, the former E Hospital Trade Union.

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