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(영문) 인천지방법원 2014.02.06 2013구합11356
규약시정명령취소
Text

1. On July 4, 2013, the Defendant’s disposition of corrective order issued against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On June 11, 201, the Plaintiff was established at its inaugural general meeting as a nationwide industrial trade union organized with workers engaged in the transportation industry and related fields, and completed a report on the establishment of a trade union to the Defendant on July 8, 201.

B. On July 12, 201, the Plaintiff partially amended the rules established at its inaugural general meeting at its general meeting. Of them, the provisions that are subject to the corrective order stated in the purport of the claim are as follows.

Article 7 (Persons Subject to Organization)

1. All workers engaged in the transportation industry and related fields;

2. Persons who are appointed to an dismissed person, actual business operator, retired person, reserve worker, or an association related to the transportation industry;

3. A quasi-members (at least two cooperatives who have joined the cooperative) may be assigned to the cooperative, and the payment of union expenses and the exercise of rights and duties by quasi-members shall be separately prescribed;

C. On January 29, 2013, Plaintiff A and two other members filed an objection against the Defendant that Article 7 Subparag. 2 of the said Rules (hereinafter “instant Rules”) violated labor-related Acts and subordinate statutes, the Defendant, on April 12, 2013, requested the Incheon Regional Labor Relations Commission to make a resolution on the corrective order of the instant regulations in order to issue a corrective order under Article 21(1) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Relations Adjustment Act”).

On June 14, 2013, the Incheon Regional Labor Relations Commission resolved that the instant regulations violate the relevant provisions of the Trade Union Act.

E. On July 4, 2013, according to the above resolution, the Defendant issued an order to rectify the violation of Article 2 subparag. 1 of the Trade Union Act by not later than August 8, 2013 (hereinafter “instant disposition”) by allowing the Plaintiff to join a trade union by a person, not a worker who lives on wages, pay, or any other income equivalent thereto.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is identical to the plaintiff 1.

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