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(영문) 춘천지방법원영월지원 2015.12.17 2015가합2340
총회결의무효
Text

1. The plaintiff B's lawsuit against the defendant is dismissed.

2. The plaintiff A's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Defendant Union is a trade union consisting of the workers of Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) and Plaintiff A is the first president of the Defendant Union.

B. Upon submitting a letter of resignation on September 12, 2015, the Plaintiff A and the Vice-Chairperson, who was the chairperson of the Defendant Union, appointed H as the acting chairperson of the Defendant Union’s representative by opening a board of representatives on the same day.

C. On May 29, 2015, H announced that an extraordinary general meeting for gathering opinions on the voluntary return of wages requested by the Defendant Union’s second president and the company will be held on June 1, 2015, and on June 1, 2015, H announced that no later than 18:00 shall be registered as the chairperson and the vice-chairperson by June 1, 2015. However, the name thereof was written as “one representative” of the Defendant Union.

On June 1, 2015, the Defendant Association held on June 1, 2015 (hereinafter “instant special meeting”) 31 of 44 members were present at the general meeting. In the voting for the election of the chairperson, the number of 34 members was 29 affirmative votes, 2 voting rights, 2 voting rights, 28 affirmative votes, 1 dissenting votes, and 2 voting rights, respectively, and the number of E registered as a candidate for the chairperson was elected as a candidate for the chairperson, and in relation to voluntary return of wages, a resolution was adopted to demand the company to demand the method of not restructuring at a higher rate than the demand of the company (hereinafter “instant resolution”), including the resolution related to the election of the chairperson, the vice-chairperson, and the rate of wages half.

E. On June 7, 2015, the Defendant Union delegated the Plaintiff Company’s right to collective bargaining in 2015 to the National Federation of Tourism and Services Trade Unions, which is a superior organization, and accordingly, a collective agreement was concluded between the Defendant Union and the Plaintiff Company on July 29, 2015.

F. The provisions pertaining to the instant case in the rules of the Defendant Union are as follows.

Article 14 (Convocation and Public Notice of General Meeting) General Meeting shall be convened in accordance with the following subparagraphs:

1.

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