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(영문) 서울중앙지방법원 2016.10.07 2016가합2883
관련규약 및 선거규약 찬반투표 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is a branch of the Korean Automobile Trade Union (hereinafter referred to as the "Trade Union") under the Korean Automobile Trade Union (hereinafter referred to as the "Trade Union"), and the plaintiffs are part of 18 representatives belonging to the defendant.

On January 12, 2016, the Defendant publicly announced the convocation of a general meeting to the effect that the vote for and against union members on the amendment of the regulations on the direct election of the head of a branch office and the head of a site, and on January 21, 2016, the Defendant held a general meeting (hereinafter referred to as “instant general meeting”) from January 20, 2016 to January 21, 2016 and held a vote for and against the amendment of the regulations on branch offices and the election management regulations (hereinafter referred to as “instant amendment regulations”) including the following:

[Rules of Branch] The functions of the representatives of Article 19 before the amendment are as follows:

1. Matters concerning the enactment and amendment of branch regulations;

2. Matters concerning the election of branch officers and officers;

3. Matters concerning the non-Confidence and disciplinary action against officers;

4. Matters concerning the dissolution and merger of the branch and its sub-branch;

5. Matters concerning the enactment and amendment of the Election Management Regulations and regulations;

6. Matters concerning the operation of the branch;

7. Matters concerning its budget and settlement of accounts;

8.After any other modification, the functions of the Representatives of Article XIX shall be as follows:

1. Matters concerning operation of the branch office;

2. Matters concerning its budget and settlement of accounts;

3. Matters concerning two auditors of the Seoul Branch Office and two auditors of the Gwangju Branch Office;

4. Other matters (Provided, That matters concerning the enactment and amendment of articles of association, matters concerning the establishment and amendment of articles of association, the head of a chapter, matters concerning the election of the head of a site, and matters concerning non-Confidence of the head of a site may be resolved only at a general meeting) before modification.

2. The election of officers shall be elected from among the officers where there is no person who has obtained the consent of the majority of the members present, in the second ballot;

Provided, That in cases of election at the general election, the separate regulations for election management shall apply mutatis mutandis.

Article 27 after Alteration

2. The election of the head of the branch office and the head of the site shall be members present;

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