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(영문) 인천지방법원 2016.01.08 2015가합4524
조합비 사용 증거서류 공개청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The plaintiff asserts that as the defendant's member, the plaintiff has the right to claim copying of the documents of this case related to the defendant's details of use of union funds.

B. Article 26 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) provides that “the representative of a trade union shall publicly announce the closing of accounts and operating status every fiscal year, and shall allow the members to peruse the status upon the request of the union members.” The above provision imposes an obligation on the union members to inspect the closing of accounts and operating status as a result of the settlement of accounts and the inspection of operating status. It is difficult to view that the above provision imposes an obligation on the union members to directly

C. However, according to Article 22 of the Trade Union Act, a member has equal rights and duties to participate in all matters of the trade union; according to Article 14 of the Trade Union Act, a trade union is obligated to keep the accounting books and documents related to finance at its principal office for three years; and the relationship between an incorporated association or a non-corporate group and its representative is a delegation relationship under the Civil Act. In the case of a delegating person’s request, the mandatory is obligated to report the status of delegated affairs. In light of the fact that the mandatory has a duty to report the status of delegated affairs, it cannot be deemed that a member’s request for resignation is impermissible solely on the ground that there is no provision that grants a right

However, recognition of the right to claim a copy of the accounting-related documents of a trade union without any restriction may cause excessive costs to the trade union's members, or abuse them for other purposes, such as fights against the representative, defamation, etc. Therefore, the union members are related to accounting, notwithstanding the results of an audit disclosed in accordance with Articles 25 and 26 of the Trade Union Act, the settlement of accounts, and the current status

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