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(영문) 서울서부지방법원 2015.03.19 2014가단201509
조합비반환
Text

1. The Plaintiff:

A. As from June 31, 2014, Defendant B’s KRW 47,008,828 and its related thereto:

B. Defendant C shall be KRW 99,972,435, and

Reasons

1. Facts of recognition;

A. The Plaintiff (hereinafter “Plaintiff Union”) is an organization composed of workers engaged in the D industry. Defendant B was the former chairperson of the Plaintiff Union, and Defendant C was the former president of the Plaintiff Union. Defendant C was the former president of the E branch of the Plaintiff Trade Union.

B. The Defendants did not return to the Plaintiff Union money kept for the Plaintiff Union at the time of serving as an officer of the Plaintiff Union (Defendant B, Defendant B, and Defendant C, Defendant C, KRW 9,972,435).

[Reasons for Recognition: Each entry of Evidence Nos. 1, 2, 3, 9, and 10, and the purport of the whole pleadings]

2. As to the instant claim filed by the Plaintiff Union seeking the return of money kept by the Plaintiff Union for the Plaintiff Union at the time when the Defendants were in office as an officer of the Plaintiff Union, the Defendants asserted to the effect that the instant lawsuit is unlawful, since F was merely appointed as an acting representative for collective bargaining, it cannot be conducted beyond his/her authority. On April 2014, 2014, the election in which G was elected as the president of the Plaintiff Union for the Plaintiff Union was unlawful and its validity is denied, and G was not the legitimate representative of the Plaintiff Union.

In full view of the overall purport of the arguments in the statement in Gap evidence Nos. 4, 7, and Eul evidence No. 5, the plaintiff union's remaining in the situation where the chairperson was not elected from February 2, 2013 after the expiration of the term of office of the chairperson, secretary general, and vice-chairperson of the plaintiff union, and the representative was required to be elected in order to conduct collective bargaining with the private party, and as a result, the organization of the central committee was difficult, the order of the "Article 41" of the union's bylaws to act on behalf of the chairperson in order to elect the acting representative at a conference other than the central committee is as follows.

(1) Where all the secretary general, (2) one person elected from among the vice-chairperson, (3) the secretary general and the vice-chairperson are unable to act on behalf of the chairperson, one of the central members shall be elected by the Central Committee.

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