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(영문) 서울고등법원(춘천) 2016.03.30 2015나1883
징계면직처분무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed at the trial.

3...

Reasons

1. Basic facts

A. 1) The Defendant is a corporation with the aim of contributing to the stabilization of people’s lives and the promotion of public welfare by facilitating the development of coal mines under the Korea Coal Corporation Act and stabilizing the demand and supply of coal through the production, processing, and sale of coal and the operation of its incidental business. 2) The Plaintiff is a person who was employed by the Defendant on February 29, 200 and worked as a mine source in B mining centers.

B. On May 14, 2014, the Plaintiff opened an election for the head of the Defendant trade union B branch office and the head of the press report related thereto (hereinafter “B branch office”) 31st election for the head of the Defendant trade union B branch office (hereinafter “B branch”). As a result of the above election ballot counting, there was no candidate who obtained a majority of the union members, and as a result, the Plaintiff and the second candidate C were elected on May 15, 2014.

B) Around September 30, 2014, the election of the head of the 32 branch office was held on the envelope 4 and the envelope 50,000 won on the day of the above election, and D, along with an interview to the members of the 20th election, stating that “B head of the 20th election takes place until 4 new walls,” and reported to the same effect as “B head of the 32 branch office election.” On September 16, 2014 following the following day, C retires for health reasons, D raised a debate that “The Plaintiff was elected as the result of the election, even though the Plaintiff went out of the above election, E was elected as the result of the election.”

C. Sub-Chapter B’s disciplinary action against the Plaintiff shall be held on November 17, 2014.

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