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(영문) 서울고등법원 2012.09.21 2011나79540
총회결의무효 등
Text

1. At the request of the change in the trial, Defendant I Trade Union and Defendant I Trade Union racing branch among the judgment of the first instance.

Reasons

Basic Facts

A. The status of the party is 1) Defendant I Trade Union on a national scale, composed of workers engaged in the metal industry, and Defendant J-Subdivision (hereinafter “Defendant J-Subdivision”) (hereinafter “Defendant J-Subdivision”).

K Co., Ltd (hereinafter referred to as “K”)

(2) As seen in the following sub-paragraph (c), the Plaintiff 1 is the chairperson of the Defendant I Labor Union, Plaintiff 2 is the head of the I Labor Union, Plaintiff 3 is the head of the I Labor Union branch, Plaintiff 3 is the head of the I Labor Union branch, and Plaintiff 4 is the head of the J J branch, and Plaintiff E and F are the representatives of Defendant 1 labor union or Defendant 1 labor union branch as the members of the Defendant J branch.

B. On February 4, 2010, in order to improve the high cost structure of guard-based workers, K refused to engage in overtime work and night work on February 4, 2010, Defendant J branch’s industrial action and K’s lock 1) five workers wishing to engage in the transition of production position among 13 workers engaged in the guard-based work of the 12 factory on February 4, 2010, and the remainder was in exclusive charge of the 2 factory guard work, and Defendant J branch refused to engage in overtime work and night work on February 4, 2010, asserting that “the 1 factory guard work is in violation of a collective agreement, so it should be withdrawn.” On February 5, 2010, Defendant J branch refused to engage in overtime work and night work on February 1, 2010, deciding to engage in industrial action with the consent of 92% for the same day and refusing to reduce two hours of overtime work on the same day. From February 9, 2010 to October 10.

3) From February 16, 2010 to 06:30 on February 16, 2010, K has carried out a partial lock-out that prohibits Defendant J branch’s members from completely entering the above company’s passenger factory and the entire commercial factory. (c) The first session 1).

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