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(영문) 대구지방법원 2015.12.03 2015가합200900 (1)
노동조합 결의처분 무효확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is the branch of the Korean Taxi Trade Union B regional headquarters as a partner of C Workers Co., Ltd., and the plaintiff is the defendant's member.

B. On January 23, 2015, as the term of office of D, the head of the branch, expired, the Defendant carried out an election for the head of a new branch on January 23, 2015, and the Plaintiff and D left the office as a candidate, and there was no candidate who obtained a majority of the

Accordingly, the Defendant held the second election on January 27, 2015 (hereinafter “instant election”), and the Plaintiff obtained 22 marks and D 21 marks among the valid votes 43 marks.

The defendant Election Commission publicly announced the plaintiff as the winner on the same day.

C. The main contents of the election management regulations of the National taxi industry trade union (hereinafter “instant election management regulations”) that apply to the election of the head of the Defendant’s branch office are as follows.

Article 8 (Composition) (1) Each union and its affiliated organizations shall be comprised of three to five members, who have obtained the approval of the Central Executive Committee and the Operating Committee, to execute the affairs of fair election management.

Article 10 (Functions) The functions of the Good Offices shall be as follows:

14. The candidate and election campaign worker shall not commit any of the following acts in connection with the election, during the election campaign period as provided in Article 27 (Prohibitions) of the Election Campaign in Chapter VIII (Prohibitions) concerning all other matters necessary for the election management, 15.

2. An act of offering entertainment other than those provided for in the middle or bad faith, acceptance of money or valuables to candidates, or in favor of the candidate, or Article 35 (Objection and Handling) (1) Any candidate or elector who is dissatisfied with the result of an election as provided for in Chapter XI (Objection and Handling) may raise an objection in writing, along with documentary evidence on the election, within three days after the election is completed;

(2) Upon receipt of an objection under the preceding paragraph, the captain shall examine and decide such objection, and the opponent shall file the objection within seven days.

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