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(영문) 서울고등법원 2017.10.20 2017나2038455
결의무효확인 등 청구
Text

1. Revocation of the first instance judgment.

2. The plaintiff (appointed)'s claim is all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties are drivers who work or worked in B Co., Ltd. (hereinafter “B”), and the date of entry, retirement, etc. of the Plaintiff and the designated parties are as shown in attached Table 2.

B. B is the only trade union until June 30, 2011, which was organized by B branch of the Korea Automobile Trade Union Federation B of the Seoul Bus Workers’ Union (hereinafter referred to as the “instant Trade Union”). The Defendant is the Mutual Aid Association for the drivers working in B.

C. The plaintiff and the designated parties were members of the Trade Union of this case while joining B and became the defendant.

However, since July 1, 2011, multiple labor unions were allowed to be established in accordance with the amendment of the relevant laws. B, in addition to the instant labor union, there was a branch of the National Bus Workers' Union B (hereinafter "newly established labor union"), and the Plaintiff and the designated parties withdrawn from the instant labor union and joined the new labor union on February 1 through 3, 2016.

The purpose of this Article is to promote friendship among persons engaged in B, mutual aid and support, and to cooperate in the living economy of members.

Article 2. The name and the principal office of the Section B is referred to as the Mutual Aid Association of Workers and the office of the Section B shall be placed in the Trade Union of this case (Provided, That the principal office of the Section 4 may be established separately). The member shall be a person engaged in B and wishing to this Rule, who has submitted the prescribed letter of accession by the free will.

Article 5 Disqualification shall cease to have been lost in the event of deprivation of membership

1) When the company and the union of this case raise an objection against retirement and dismissal, they hold the qualification when they pay the prescribed membership fees until a decision is made.

Provided, That in the case of dismissal, a resolution shall be obtained by the Steering Committee.

3. Violation of the rules of association and the direction of resolution.

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