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(영문) 서울중앙지방법원 2018.10.11 2018가합516669
당선무효확인 청구의 소
Text

1. In a representative election held on November 28, 2017 and November 29, 2017 by the Defendant, the election of representatives of F, G, H, I, J, and K shall be held.

Reasons

Basic Facts

The branches of the Korea Automobile Trade Union E Co., Ltd. shall be comprised of the members of the above branches from among the members who worked in the E Co., Ltd. before the merger, the maintenance workers, and Q Co., Ltd., working in the E Co., Ltd., and the defendant was composed of the members working in Seoul from among the employees of the above branches. The plaintiffs are the defendant's members.

The defendant has set up an election commission under its jurisdiction for the election of officers and representatives.

On November 20, 2017, the Defendant Election Commission held the first meeting on November 20, 2017 for the election of representatives of the Defendant in 2017, which held on November 20, 2017, passed a resolution for ① moving the members of Dong Seoul (Council) (Seoul), which is a part of the third constituency, from among the Defendant’s constituency, to the first constituency, to elect the representatives of the first constituency, and ② one member may recommend three candidates for representatives.

Accordingly, the first constituency was changed from “236 persons to “253 persons,” and the number of the members of the third constituency was changed from “311 persons to “294 persons,” and Article 6 of the Rules of the relevant Branch Office (hereinafter “Rules”) and Article 20(1) of the Election Management Regulations (hereinafter “Election Management Regulations”) (as for the number of members of 100 persons, one additional person is assigned, but only one additional person is assigned) of the first constituency was changed from “2 to “31 persons,” and the number of members of the third constituency was changed to “294.”

On November 20, 2017, the Defendant Election Commission publicly announced the holding of a representative election and completed the registration of a candidate from November 22, 2017 to November 23, 2017, and subsequently held a representative election (hereinafter referred to as “instant election”) from November 28, 2017 to November 29, 2017. The Defendant Election Commission was elected as the Defendant’s representative, respectively.

On November 29, 2017, the Defendant Election Commission announced that F et al. was elected as a representative in the instant election.

The election of this case.

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