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(영문) 서울서부지방법원 2017.02.16 2016노1623
노동조합및노동관계조정법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

(a) The defendant was a representative;

G Trade Union (hereinafter referred to as the “G Trade Union”) is one of its headquarters, which is an organization under the control of the National Transport Industry Trade Union (hereinafter referred to as “NL”). Since the dismissed and the unemployed, etc. are also members of the association as an organization under the mountain-level labor union, the resolution that the G Labor Union elected I and K as the dismissed and its head of each branch (hereinafter referred to as the “instant resolution”) shall not be deemed to violate the G Trade Union Regulations.

B. According to Article 21(2) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Relations Adjustment Act”), where it is deemed that a trade union’s resolution violates the rules, administrative authorities may order correction only upon the application of interested parties. Since the G applying for the corrective order of the instant resolution does not constitute interested parties, the instant corrective order is unlawful.

(c)

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged in this case is a person who was a representative of G Nowon-gu in Yongsan-gu Seoul Metropolitan Government.

When it is deemed that a resolution or disposition of a trade union is in violation of the Labor Relations Act or its bylaws, the administrative agency may issue an order for correction with the resolution of the Labor Relations Commission, and the trade union in receipt of the order for correction shall implement it within 30 days, and the trade union in accordance with the bylaws of the G Trade Union shall consist of the employees working in G and those working in H-related industries and related industries, and the persons who die, retire, or removed

The Defendant, while serving as a worker in G around May 4, 201, was dismissed on January 14, 201, as the head of G Trade Union J branch, and by a resolution and disposition on the removal on January 4, 2010 as the head of G Trade Union J branch, and by a resolution and disposition on the removal on January 4, 201 as the head of G Trade Union L branch, deemed to have violated the above G Trade Union regulations.

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