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(영문) 광주고등법원 2018.07.27 2017나15712
무효확인등
Text

1. The appeal by the plaintiffs (appointed parties) and the designated parties is dismissed, respectively.

2. The appeal costs.

Reasons

1. Facts of recognition;

A. The defendant church is a church that was a member of the Jins Association (hereinafter referred to as the “Jins Association”) affiliated with the Kins Association (hereinafter referred to as the “Jins Association”), and the defendant I is working as a member of the defendant church since 1982.

B. On January 4, 2015, the Defendant church held a joint meeting while the members present, and the Defendant church made a resolution to withdraw from the Labor Association with the consent of all the members present (hereinafter “instant first withdrawal resolution”). Defendant I submitted to the Labor Council on January 19, 2015, a letter of withdrawal from the labor union to withdraw from the Labor Association in accordance with the first withdrawal resolution of the instant case.

C. Accordingly, on March 13, 2015, the Labor-Management Council dismissed Defendant I from office (hereinafter referred to as “instant dismissal from office”) and sent K as the temporary president of the Defendant church on May 6, 2015.

K and L (which was dismissed and removed by the council of the defendant church on December 31, 2014), ① on May 15, 2015 and May 16, 2015, the council of the defendant church was held to delete from the list of members of the general assembly of the members of the defendant church, respectively. ② on May 28, 2015, the council of the defendant church was held to list 55 of the members of the defendant church, and ③ on June 1, 2015, the number of members of the defendant church was 28 of the defendant church, among the members of the defendant church; ④ on June 5, 2015, the defendant church held a council of the members of the defendant church and held a joint council of the members of the defendant church to list 15 of the members of the defendant church; ④ on June 5, 2015, the defendant church held a joint council of the members of the defendant church and held a resolution of the defendant church, including 15 of the members of the defendant church.

E. The members of the Defendant church supporting Defendant I (hereinafter referred to as “Defendant church members”) shall notify the fact that the first withdrawal resolution of this case was held on June 14, 2015 through the church bulletin on June 7, 2015.

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