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(영문) 서울고등법원 2019.01.15 2018나2029106
경영협의회 구성원위원선거 무효확인
Text

1. The conjunctive Defendant D Co., Ltd. E Management Council shall dismiss the appeal;

2. The primary defendant D Co., Ltd.

Reasons

1. An appeal against the appeal by the Defendant Council is seeking revocation or alteration of the appeal in favor of the appellant himself/herself. As such, an appeal against the judgment of the first instance court in favor of the entire winning the appeal cannot be permitted as there is no benefit of filing an appeal, and as a matter of principle, whether the appeal is disadvantageous to appellant should be determined on the basis

(see, e.g., Supreme Court Decision 2012Da90580, May 16, 2014). It is evident that the first instance court dismissed the part of the instant lawsuit on the part of the Defendant’s Council on the ground that the Defendant’s Council’s ability to sue is not recognized.

Thus, since the defendant council won all of the first instance court, the appeal by the defendant council is unlawful as there is no benefit of appeal.

2. The reasons why the court should explain this part of the plaintiffs' claims against the defendant company are the same as that of the defendant company in the judgment of the first instance except for dismissal or addition as follows. Thus, this part of the judgment is cited by the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added subsequent to the 4th judgment of the first instance court, the 14th judgment of the first instance.

The details of the constituency demarcation at the time of the instant election are as follows. The number of electors in the constituency (=the number of workers, name) is as follows: 42 representative directors, business representative positions, and business culture sector 1123 ITS business sector 104 1625 strategic planning sector 3927 DT general 3927 DT 1818/ Strategy sector 5829, 710 3,465, and 14th 9th 8th 8th 8th 8th 14th 8th 14th 8th 8th 465, respectively.

A person shall be appointed.

A. According to Article 18 of the Act on the Promotion of Workers’ Participation in the Determination of Election Districts, a labor-management council shall establish the rules on its organization and operation (hereinafter “Council rules”) (Paragraph 1), and its rules and procedures for the enactment and amendment thereof.

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