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(영문) 서울고등법원 2019.05.17 2018나2059664
조합원징계처분무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it shall be quoted by the main sentence of Article 420 of the Civil Procedure

(Ma) The following shall be added in front of the 5th 13th "responding" of the judgment of the court of first instance for the part which is dismissed or added 2.2.

In addition, in full view of the following facts: “In addition, D was in the position of the head of the Defendant’s branch, and D, the head of the instant text message, was the purport that D, the head of the instant branch, was unable to participate in the collective bargaining; and the Plaintiff voluntarily stated that D, as the head of the instant branch, the content of the instant text message, was urged to actively participate in collective negotiations. As the members who believe the instant text message as true, may undermining the union’s unity due to the lack of the executive organ, the Plaintiff’s sending of the instant text message to the union members constitutes “a confusion about the organization” as stipulated in Article 38 subparag. 4 of the Regulations on the Operation of the Branch Offices.” The Plaintiff added “No. 11 and No. 12,” as stipulated in Article 7 subparag. 16 of the first judgment of the first instance court, “No. 13 through No. 15.

Since 8th 15th 15th 15th 15th 10th 2th 201, it is as follows.

The Defendant’s instant disciplinary action based on the evidence Nos. 12-1, 2, and 13-15 of Eul’s evidence No. 12-2, based on the Defendant’s previous disciplinary action (F in 2003, G in 2008) is rather a minor part, and thus, it cannot be deemed a deviation or abuse of discretionary power. However, according to each of the above evidence’s evidence, the above two cases are more or more serious (in addition to the spread of false facts, the Defendant filed a criminal charge with the head of the branch, but was subject to a disposition without suspicion, and did not comply with the Defendant’s request for return after taking out the documents without permission, and ② distributed printed materials containing false facts in relation to wage negotiations.

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