징계처분무효확인등의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
1. In the first instance court, the Plaintiff filed a claim for confirmation of invalidity of disciplinary action (Paragraph 1) and confirmation of invalidity of the penal provisions (Paragraph 2). The first instance court rendered a judgment of admitting the claim for confirmation of invalidity of disciplinary action, but rendered a judgment of rejection on the ground that there is no benefit of confirmation as to the claim for confirmation of invalidity of the penal provisions.
In this regard, only the plaintiff filed an appeal only for the part of the above rejection judgment, so the subject of the judgment of this court is limited to the claim for confirmation of invalidation of the penalty provisions.
2. The reasoning of the judgment of the court of first instance is that "the subject of a lawsuit for confirmation must be against the existence of specific rights or legal relations, so it is not possible to seek confirmation of the validity of general, abstract Acts and subordinate statutes or laws and regulations themselves as a lawsuit for confirmation (see Supreme Court Decision 2011Da38271, Sept. 8, 201). The standing penalty provisions for which the plaintiff is seeking confirmation of invalidation by the lawsuit of this case are being decided by the defendant's general meeting of clans, and are binding on the defendant's organization and members by regulating collective legal relations, such as the defendant's organization and activities, which are non-corporate groups, and it is an autonomous law which has binding force on the defendant's organization and members. The plaintiff's argument of the effect of Article 8 (5) of the above standing penalty provisions is merely a dispute over the validity of the above penal provisions, and it is not seeking confirmation of specific rights or legal relations, and this part of the lawsuit also is unlawful, as it is stated in the judgment of the court of first instance.
3. In conclusion, the judgment of the court of first instance on the part of the claim for confirmation of invalidation of the reward provision is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.