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(영문) 대법원 2015.06.25 2007두4995
노동조합설립신고서반려처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, Article 10(1) and Article 12(2) and (3)2 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”), a person who intends to establish a trade union shall submit an establishment report stating the name of the trade union, the location of the principal office, the number of union members, the name and address of union members, the name of the associated organization, if any, the name of the associated organization; the name of the constituent labor organization, the number of union members, the location of the principal office and the name and address of union officers if any; and the name and address of the associated organization in the case of the labor union which is an associated organization; and the administrative agency shall require the supplementation of the establishment report or the rules within a specified period not exceeding 20 days if the establishment report or the rules need

However, Article 2 of the former Enforcement Rule of the Trade Union Act (amended by Ordinance of the Ministry of Labor No. 286, Dec. 26, 2007; hereinafter the same) provides that a person who intends to report the establishment of a trade union shall submit a report of establishment along with the report of establishment. Article 10(1) of the Trade Union Act provides that the person who intends to report the establishment of a trade union shall submit the report of establishment along with the report of establishment (Article 10(1) of the Trade Union Act; “one copy of the report of establishment” (Article 10(1) and “one copy of the report of the name and address of the union officers” (Article 2); in addition to “documents concerning the name, number of union members, location of the principal office, and name and address of the union officers” (Article 3), in the case of a trade union which is an associated organization, the documents

In full view of the contents, structure, purpose, etc. of the above provisions.

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