2006A.8063 Invalidity of structural change

GaO

Gwangju Northern Northern-gu Austria-dong

The Korean Automobile and Transport Trade Union

Gwangju Northern-dong 110-2

Representative OO

Attorney Han-ok et al.

on March 15, 2007

April 5, 2007

1. The confirmation of a structural change adopted at the temporary representative conference on February 24, 2006 by the Seoul metropolitan bus trade union shall be made invalid; and

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

The same shall apply to the order.

1. Facts of recognition;

A. On September 11, 1980, a trade union (hereinafter referred to as "large Transport Co., Ltd.") was founded on a new market on September 11, 1980. On November 11, 2003, a structural change was made to the Daegu Regional Bus Trade Union Dae-gu Office (hereinafter referred to as "Large Chang-gu Office") affiliated with the Federation of the Korea Automobile Trade Union, and a report on the establishment of a trade union was made to the head of Seo-gu in Gwangju-gu.

B. On February 24, 2006, the Grand Transportation Branch held a temporary conference and held a vote on whether to withdraw from the Korean Automobile Trade Union Federation of Gwangju metropolitan bus trade unions (hereinafter “Seoul metropolitan bus trade union”) and whether to be changed into a company-level labor union in the presence of 17 representatives, and made a report on the change into a company-level labor union on March 8, 2006. As a result, with the consent of 14 representatives, the Dae Chang Transportation Branch continued to maintain the Dae Chang Transportation Branch under the control of the National Automobile Trade Union Federation of Korea with the consent of 14 representatives, and made a report on the change into a company-level labor union of Gwangju metropolitan bus trade unions (hereinafter “Defendant Union”) (hereinafter “the resolution of this case”). On March 8, 2006, the decision of this case was made to change the company-level labor union into a group of company-level labor unions of Korea (hereinafter “Defendant Union”).

C. The operating rules of the Trade Union and Labor Relations Adjustment Act, the Gwangju Regional Bus Trade Union Regulations, and the Dae Chang Transportation Branch related to the instant case are as follows:

(1) Trade Union and Labor Relations Adjustment Act

Article 16 (Matters to be Resolved by General Meeting)

(1) The following matters shall undergo a resolution at a general meeting:

1. Matters concerning the enactment and amendment of the regulations;

2. Matters concerning the election and dismissal of officers;

3. Collective bargaining;

4. Matters concerning budget and settlement of accounts;

5. Matters concerning the establishment, management, or disposal of the Fund;

6. The establishment, admission, and withdrawal of an associated organization;

7. Matters concerning merger, division, or dissolution;

8. Structural changes; and

9. Other important matters.

(2) The general meeting shall pass a resolution with the attendance of a majority of all union members and with the consent of a majority of the union members present: Provided, That the matters concerning the enactment and amendment of the bylaws, the dismissal of union officers, the merger, division, dissolution, and the change of organizational forms shall be subject to the attendance of a majority of all union members and the consent of at least

Article 17 (Board of Representatives)

(1) A trade union may have a board of representatives in lieu of a general meeting by its rules.

(4) Where a board of representatives is appointed, the provisions concerning the general meeting shall apply mutatis mutandis to the board of representatives.

(b) Rules of Gwangju Regional Bus Trade Union;

Article 9 (Withdrawal)

2. Branches wishing to withdraw from an association shall, with the approval of the chairman of the committee concerned, become final and conclusive at the general meeting of those branches which obtain the affirmative votes of not less than three-thirds of the incumbent members.

Article 47 (Establishment of Branches)

Branches shall be established in each place of business.

Article 48 (Rules of Branch Office)

The articles of association shall be established and amended in the competition for the relevant representatives within the scope of the articles of association: Provided, That the provisions that conflict with the scope of the rules of association and the rules of association shall be null and void.

(3) the regulations on the operation of the Seoul Metropolitan Area;

Article 6 (Establishment and Withdrawal and Structural Change)

1) Admission: (1) A person who wishes to join this chapter shall submit an application for the prescribed number of admission to the branch office to become final and conclusive as the head of the branch office's home price, and automatically become a member of the Trade Association and Trade Association.

(2) Branches subject to the application of Article 7 of the Regulations of the Association shall submit an application for joining the prescribed matters to the union and be sub-branches belonging to the Trade Association as the chairperson's re-members.

Article 16 (Functions of General Meeting) The functions of General Meeting shall be as follows:

Provided, That paragraphs (1) and (7) shall obtain prior approval from the partnership.

(i) matters relating to the enactment of and deliberation on amendments to the branch operation regulations;

(ii) matters concerning the project reports and the establishment of project programmes;

3) Matters relating to the election of officers of the branch office;

(iv) matters concerning budget, revenue and expenditure, settlement of accounts, and approval;

5) Matters concerning the election of representatives dispatched to higher organizations;

(vi) matters concerning the development of collective agreements;

(vii)matters concerning disciplinary action against members;

8) Matters concerning the dissolution of the branch;

9) Matters relating to the disposal of property;

(x)other important matters.

(2) Branches shall have a board of representatives substituted for the general meeting.

Article 23 (Functions of Representatives' Meetings) The functions of the Congress shall be as follows:

(i) Matters relating to the establishment and amendment of the branch operational rules;

(ii) matters concerning the project reports and the establishment of project programmes;

3) Matters concerning the election of officers of the branch office and the operating committee members;

(iv) matters concerning budget, revenue and expenditure, settlement of accounts, and approval;

5) Matters concerning the election of representatives dispatched to higher organizations;

6) Matters concerning disciplinary action against members

7) the matters listed in the dissolution of the branch;

8) Matters concerning the disposal of property;

(ix) Other important matters.

D. The plaintiff was the head of the Dae Chang Transportation Branch.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 6, Eul evidence 1, Eul evidence 2, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The parties' arguments

(1) The plaintiff's assertion

On February 24, 2006, the Grand Transportation Branch held a temporary conference on February 24, 2006 and changed its structural form to a company-level high-level union, a company-level union, after withdrawing from a branch affiliated with the Gwangju Regional Bus Trade Union, an industrial unit. In order for the Tae Chang Transportation Branch to change its organizational form as above, pursuant to Article 16(1) and (2) of the Trade Union and Labor Relations Adjustment Act and Article 9(2) of the Regulations of the Gwangju Regional Bus Trade Union, it must obtain the attendance of a majority of union members at the general assembly of union members and the consent of 2/3 or more of union members present at the general assembly of union members. In addition, the branch that intends to withdraw from the Gwangju Regional Bus Trade Union is determined with the approval of the chairman of the affiliated regional bus trade union. However, on February 24, 2006, the Tae Chang Chang Transportation Branch held a temporary conference on behalf of union members, and decided to change its structural form from the Gwangju Regional Bus Trade Union to Defendant Joint with the consent of the chairman

(2) The defendant union's assertion

(A) The Dae Chang-gu Transportation Branch only decided to include the name of the association and the name of the association as the "Gwan Chang-gu Bus Workers' Union Dae-gu Branch", and was actually engaged in activities as a company-level trade union. On February 24, 2006, it held a representative meeting on February 24, 2006 and simply changed only the name from the "Seoul Metropolitan Bus Workers' Union Dae-gu Branch" to the "Large Chang-gu Transport Workers' Union" while maintaining the form of company-level trade union. Thus, the resolution of this case is merely a resolution to modify the rules that change the name of the

(B) As alleged by the Plaintiff, even if the instant resolution changes the structure of the large-scale transportation branch as alleged by the Plaintiff, in light of the fact that Article 17(1) of the Trade Union and Labor Relations Adjustment Act provides that “a union may have a board of representatives in lieu of the general meeting” and Article 16(2) of the Regulations on the Operation of the large-scale transportation branch provides that “a union shall have a board of representatives in lieu of the general meeting” at that time, the branch shall have a board of representatives in lieu of the general meeting. However, even if the branch has made a resolution of a structural change at a temporary representative meeting comprised of representatives who are not the general meeting of union members, it is a legitimate and effective resolution pursuant to Article 17(1) of the Trade Union and Labor Relations Adjustment Act and Article 16(2) of the Regulations on the Operation of the Large-Scale Transportation Branch, which provides that the branch shall obtain approval from the large-scale transportation branch if it withdraws from the large-scale transportation branch, it shall not be deemed null and void because the entire bylaws is a combination under the pretext of absence of substance.

B. Determination

(1) First, in light of the overall purport of pleadings as to whether the resolution of this case constitutes a resolution to change the structural form of the relevant large-scale transportation branch, Gap evidence 2, Gap evidence 6, Gap evidence 7, and Eul evidence No. 10 through 12, the Gwangju regional bus trade union, as a unit industrial unit trade union established around June 2003 by making the employees belonging to the bus companies located in Gwangju area as its members, has its affiliated branches by each bus company located in Gwangju metropolitan area, and ② its affiliated branch was entered into collective bargaining and collective negotiations with Chang-gu bus trade union, as well as by a resolution of the relevant industrial bus company located in Gwangju metropolitan area, based on the fact that the relevant regional bus trade union concluded a new regional bus trade union with the head of the relevant regional bus trade union after changing the structural form of the relevant regional bus trade union to the extent that it is reasonable to recognize the establishment of the relevant regional bus trade union as a unit of Gwangju metropolitan area under the collective agreement with the head of the relevant regional bus trade union after changing the structural form of the relevant regional bus union.

(2) Next, in light of the fact that the instant resolution is legitimate by a resolution to change the structural form of the large transport service branch, as well as by a resolution to make a temporary representative meeting without a resolution of the general meeting of union members, the said resolution to make a structural change by the large transport service branch is as above. As long as there is no separate provision on the procedure or method for structural change under the operating regulations of the large transport service branch at the time of the instant resolution, the instant resolution has a significant impact on not only the activities of the large transport service branch as a trade union in the future, but also on the status and status of workers belonging to the large transport service, considering the fact that the large transport service branch has a significant impact on the status and status of workers belonging to the large transport service, in order for the Defendant association to change the structural form from the branches affiliated with the large transport service branch to a company-level group, as stipulated in Article 16 of the Trade Union and Trade Union Relations Adjustment Act, there is a need for the attendance and the consent of at least 2/3 of union members present at the meeting as well

Therefore, the resolution of this case is invalid on the ground that the procedure of this case is a significant and obvious defect in violation of Article 16 of the Trade Union and Trade Union Relations Adjustment Act, without a need to examine whether withdrawal from the Seoul metropolitan bus trade union is legitimate without the approval of the chairman of the Labor Union concerned.

3. Conclusion

Thus, despite the invalidity of the resolution of this case by the Dae Chang Transportation Branch, as long as the defendant union is dissatisfied with it, the plaintiff has a benefit to seek confirmation of invalidity of the resolution of this case. Thus, the plaintiff's claim of this case is justified and it is so decided as per the text of this case.

Jeon Beneficiary (Presiding Judge)

No. 100

Choi Jin-Jin