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(영문) 청주지방법원 2017.09.22 2016가합23271
지부장지위 부존재 등 확인의 소
Text

1. Of the instant lawsuit, the part demanding confirmation of the absence of the head of a branch office shall be dismissed.

2. The head of the branch office held by the Defendant on October 16, 2016.

Reasons

1. Basic facts: (1) The Defendant is a trade union composed of the workers of the Korean Automobile Workers’ Union (hereinafter “Cheongju-gu”) affiliated with the Korean Automobile Workers’ Union (hereinafter “Cheongju-gu Bus Workers’ Union”) as a branch of the Korea Automobile Workers’ Union.

② On September 2016, F of the Defendant’s former branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of G, the Defendant constituted an election commission consisting of G as the chairperson, H and I as its members to elect new branch of the branch of the branch of the branch of the branch of the G, and the secondary voting was held on October 7, 2016 when there is no majority of votes, and the majority of votes were elected as a result of the secondary voting, and when it is the same,

On October 15, 2016, the special election for the head of a branch office was conducted on October 15, 2016, and five persons, including the plaintiff and C, were run, and there was no majority of votes

(3) On October 16, 2016, the Defendant, in accordance with the Defendant’s bylaws (Article 32(5) and the election announcement, made the Plaintiff (No. 1) and C (No. 2) voting (hereinafter “instant second voting”).

In the voting process, the Plaintiff J, C Observer K, election commission G, H, and I were present.

④ The election commission of the Defendant publicly announced that C obtained 69 votes from among the 140 voters in the list of 139 voters among the total number of voters in the instant election, and thereafter C obtained 70 votes, and then C decided and announced C as the elected person.

⑤ The Plaintiff raised an objection to the election result and the ballot counting result.

The election commission of the defendant on October 25, 2016 shall be treated as the valid vote cast to the plaintiff on October 25, 2016.

(hereinafter “this case’s valid disposition slip”). L and M among the union members shall vote for the plaintiff. An election witness and an election commission.

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