(영문) 인천지방법원 2016.12.08 2016가합1553

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(영문) 인천지방법원 2016.12.08 2016가합1553

당선무효 및 후보자격박탈결정취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are regional trade unions under D affiliated with the Korean Trade Union Federation.

The Plaintiff is a person who was elected in the election of the head of a chapter C (hereinafter referred to as “C”) which was a trade union in the workplace unit under the Defendant’s control, which was implemented on April 20, 2016.

B. On April 12, 2016, the election of the head of the C branch office and the Plaintiff’s election 1) C Election Commission publicly announced the election for the head of the C branch office on April 12, 2016, and the election for the head of the B branch office as a candidate for Plaintiff and E on April 20, 2016 (hereinafter “instant election”).

2) On the same day, the Plaintiff obtained a majority of 61 votes, and the C Election Commission announced the Plaintiff to determine the winner as the winner of the instant election.

C. On April 25, 2016, E made an objection to the result of the instant election on April 3, 2016, by presenting a statement that “F, who is a member of C on April 16, 2016, finds out the reduction of E, who is a candidate for the head of the branch office, on the drinking place with 7-8 other union members, and then gives 10,000 won to 3-4 other participants at the time of the termination of the drinking place.” (ii) On April 20, 2015, C Election Commission received a written objection to the result of the instant election on April 25, 2016, as the election of the head of the branch office, on April 20, 2015, as the election commission of the candidate E on April 20, Article 42(3) of the Union Management Regulations, as a result of the result of an objection, the final decision on the election of the elected candidate on April 20, 2014.

(3) On May 4, 2016, the C Election Commission publicly announced a reelection to elect the head of C branch office.

Facts that there is no dispute over the basis of recognition, entries in Gap's evidence 3 through 7, 9, 10, and the purport of the whole pleadings

2. The plaintiff's assertion C Election Commission's decision of this case.

유사 판례

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-창원지방법원 2019.07.18 2018나5137

-청주지방법원 2015.09.23 2014가합3983