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(영문) 서울중앙지방법원 2019.01.10 2018가합549355
총회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a unit trade union consisting of workers working on board in D Co., Ltd. and workers working in E Co., Ltd. merged with D Co., Ltd., and the plaintiff A is the head of the defendant's branch, the plaintiff B is the person who was in the position of the head of the defendant'

B. On January 29, 2018, the Defendant’s representatives and several members, including F, demanded the convocation of a general meeting with the Plaintiffs’ non-Confidence agenda.

Accordingly, from March 13, 2018, in the name of Plaintiff A, which was the head of the branch at the time of February 19, 2018, a public announcement was made to hold a general meeting, the purpose of which is non-Confidence agenda items for the plaintiffs, by means of the vote of union members between the two parties.

(c) from March 13, 2018

3. By the 14.14. The voting was held between the two pages, and among the 1,586 total members, 1,447 total number of voters, 980 votes, 376 votes, and 91 votes, non-Confidence agenda items with respect to the plaintiffs were resolved.

(hereinafter referred to as the “instant general meeting” and the resolution passed at the instant general meeting is referred to as the “resolution”).

D. The Plaintiffs filed an objection with the Defendant Election Commission (hereinafter “Election Commission”) to the effect that they are dissatisfied with the resolution of the instant general assembly, and the election commission accepted the objection, and publicly announced on March 19, 2018 that the notice for the decision of the instant general assembly would be reserved.

Article 9 (Agencies) Branches shall have the following agencies:

1. Article 10 (Composition of General Meeting);

1. A general meeting shall consist of all its members, which are the highest deliberative agencies of the branch office;

Article 11 (Convocation of Meetings) The convening of a general meeting shall be convened on a regular or temporary basis, specifying the date, time, place, and purpose of the meeting, and shall be convened without delay after reporting to a trade union, except in extenuating circumstances, when the head of the branch office needs to convene a meeting and at least 1/3 of the members of the union jointly sign and seal the purpose of the meeting.

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