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(영문) 서울남부지방법원 2017.06.16 2016가합110841
결의무효확인 등 청구
Text

1. The part concerning the claim for nullification of the resolution in this case is dismissed.

2. The defendant shall make the plaintiff (appointed party) 1,680.

Reasons

1. Basic facts

A. The Defendant is a non-corporate group formed for the purpose of promoting friendship among the drivers working for B Co., Ltd. (hereinafter “B”), and the Plaintiff (appointed parties; hereinafter “Plaintiffs”) and the designated parties are those who work or work as drivers as employees belonging to B, and the date of entry, retirement, etc. of the Plaintiff and the designated parties are as shown in attached Table 2.

B. The Defendant deducted the advance payment from the monthly workers’ pay in proportion to the period of continuous service among the entire employees belonging to the Defendant, and paid the advance payment in proportion to the period of continuous service to the employees belonging to the Defendant who retired while serving in B.

C. Meanwhile, until June 30, 2011, the Plaintiff and the designated parties were the members of the Korea Automobile Workers’ Union B branch of the Korea Automobile Workers’ Union B (hereinafter “Korea Automobile Workers’ Union B”) which was the only trade union in B. From February 2016 to March 2016, the Plaintiff and the designated parties changed the affiliation into B branch of the Korea Automobile Workers’ Democratic Bus Workers’ Union B (hereinafter “Korean Automobile Workers’ Union B branch”).

As above, the Defendant, on April 6, 2016, notified the Defendant’s regular executive committee members and operating committee members of the holding of the steering committee on April 6, 2016, and on April 13, 2016, held a meeting of the Standing Executive Committee and operating committee on April 13, 2016, and announced the contents of the instant resolution on April 15, 2016 by holding a meeting of the Standing Committee and operating committee on April 13, 2016, in the event of withdrawal from the Korean Automobile Labor Relations Coordination Branch due to the participation of 35 members, he/she is disqualified, and he/she is not entitled to receive a separate payment even at the retirement age and resignation, and the Defendant’s resolution to amend the Defendant’s Mutual-Aid Association Regulations (hereinafter referred to as the “Mutual-Aid Regulations”) to enter into force from April 14, 2016 (hereinafter referred to as the “instant resolution”).

【Ground of recognition】 There is no dispute;

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