logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.06.14 2012나68400
총회결의무효확인
Text

1. Upon a claim changed in the trial, the part against the defendant in the judgment of the court of first instance is changed as follows.

Reasons

The facts based on the facts are: (a) the Co-Defendant H-Defendant Trade Union of the first instance trial (hereinafter referred to as the “H labor union”) is an industrial trade union of a national scale composed of workers engaged in the metal industry as its constituent members; and (b) the Co-Defendant H-Defendant Hno Daegu Branch I (hereinafter referred to as the “I branch”) of the first instance trial is the Hno- Daegu Branch of the Hno-G branch composed of the employees of the I company.

The defendant is as follows.

As seen in this paragraph, it is a trade union that was established through the resolution of the General Assembly on November 26, 2010.

Plaintiff

A is the chairperson of Hno, the director of the Daegu branch of Hno-gu, the plaintiff C is the director of the I Branch, the plaintiff D is the director of the I Branch's welfare division, the plaintiff E is the director of the education promotion division of the I Branch's meeting, the plaintiff F is the director of the Daegu branch office in Hno-gu, and the plaintiff G is the member of the I Branch's association.

On November 26, 2010, the first Congress held an extraordinary general meeting on November 26, 2010 and made a resolution to change its structural form to the defendant who is a company-level trade union (hereinafter “instant resolution”) with the consent of 289.

On November 30, 2010, the defendant of the second general meeting held an extraordinary general meeting again on the premise that all members of the I branch are the defendant's union members, and 374 of the 383 members who were members of the I branch were present at the meeting, and 253 of them agreed to enact the rules of the defendant as shown in the attached Form (hereinafter referred to as "resolution to enact the rules of this case").

On the other hand, the provisions of the Hno and I branches related to the instant case are as follows.

[Hnorms] Article 10 (Admission and Withdrawal) Any person who intends to join a cooperative with the declaration, demotion, or bylaws of the cooperative shall submit an application for membership determined by the cooperative to the relevant branch or sub-branch, and shall obtain the qualification for membership with the approval of the chairperson.

Provided, That admission and withdrawal shall be handled within 30 days from the date of submission of an application for admission, but shall be separately determined by the Central Committee.

arrow