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1. On February 27, 2014, the Defendant confirmed that the expulsion of a member against the Plaintiff is null and void.
2. The costs of lawsuit shall be.
Reasons
1. Facts of recognition;
A. The Defendant is an affiliated organization of the BF, and is a trade union whose members are employees working for CD factories. The Plaintiff is the Defendant’s member, who served as the 17th chairperson from January 1, 2011 to December 31, 2012.
B. On February 13, 2014, the Defendant adopted a resolution on the Plaintiff’s expulsion on the ground that “the Plaintiff failed to vindicate the gift certificates paid by the Plaintiff on the date of establishing a trade union, failed to submit materials on the payment details of wages paid to the non-standing negotiating members, and the Plaintiff paid the amount of the money that the Plaintiff would have to assist and the amount of the money that the Plaintiff would have become a spouse’s birth at the Defendant’s union expense.”
C. Accordingly, on February 26, 2014, the Plaintiff requested the convocation of an extraordinary general meeting for retrial with the Defendant’s 173 signature from among the Defendant’s 298 members. On the following day, the Defendant held a meeting for the resolution of a retrial on the expulsion to re-resolution the expulsion of the Plaintiff and the expulsion of the Plaintiff (hereinafter “instant expulsion”).
Relevant provisions of the defendant's rules are as follows:
Article 17 (Functions of General Meeting)
1. The functions of the general meeting shall be as follows:
1. When at least 1/3 of the members present the matters to be referred to a meeting and make a request for convening a meeting, the chairperson may take disciplinary action against the members of the Steering Committee in accordance with a resolution of the Steering Committee, if the member of the Committee commits any of the following acts:
4. Where he inflicts damage on members or uses violence;
5. Other persons who have caused disadvantages to a union due to significant anti-cooperative acts.
1. Warning;
2. Political rights;
3. Expulsion Article 58.
1. A member subject to disciplinary action shall be the chairperson within 15 days from the date of receipt of the notice of disciplinary action;