2. 00

3. 00

4. 00

2. The costs of lawsuit are assessed against the plaintiffs, including the costs of participation.

A. On February 14, 2007, the open party to which the plaintiffs belong as party members held a national representatives meeting and delegated a new leader with the method of and procedure for the promotion of the political party and the comprehensive authority related to the procedure, and delegated the authority of the consolidated discretionary authority to the joint meeting composed of the chairman of the party and the highest committee members, and made a resolution to elect the chairman of the party, etc., and the decision to participate in the counter-party newly formed at the joint meeting for the second large party unification promotion held on June 14, 2007.

B. Meanwhile, on August 5, 2007, the intervenor registered the formation of the political party on August 8, 2007, after opening a rally for the formation of the political party at the Olympic Park Hall of Seoul Olympic Park, and on August 10, 2007, the open party of the Republic of Korea made a resolution on August 10, 2007, as the case of "the resolution for the merger with the intervenor", and "the case of the formation of the delegation body for the merger of the parties", on August 14, 2007: 00, the intervenor decided to hold a temporary pawn at the Kintech located in the 200-si, Seoul Olympic Park, with the name of 6,00 and 278 of the list of the temporary representatives, and notified the defendant of the objection for the period from August 13, 207 to 15, 207, through the inspection of the list as the last 30 days from August 27, 2007.

(c)On August 18, 2007, open 2,644 persons among delegates who hold a temporary national representatives meeting (hereinafter referred to as the "Seoul Metropolitan Government Meeting") and are deemed present at the meeting of 2,64 persons among the delegates, representatives on agenda regarding the merger with the intervenors;

In response to the conference, the number of 2, 174 persons, 155 persons, 315 persons, and 315 persons, and the intervenor filed a merger report (hereinafter referred to as the “instant report”) with the Defendant on August 21, 2007 in accordance with Article 19 of the Political Parties Act. The Defendant accepted the instant report on August 21, 2007 (hereinafter referred to as the “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, Eul evidence 2, Eul evidence 7-1 and 2, the purport of the whole pleadings

2. Related Acts and subordinate statutes;

【 Political Parties Act】

Article 15 (Examination of Application for Registration) The competent election commission in receipt of an application for registration shall not refuse it so far as it fulfills the formal requirements: Provided, That when the formal requirements have not been fulfilled, the commission shall order that supplements be made by providing for a reasonable period, and when an order for supplements has not been issued on at least two occasions, the commission may reject the relevant application.

Article 19 (Merger of Political Parties) (1) When political parties are merged under a new name (hereinafter referred to as a "party newly established by merger"), or a political party is merged into another political party (hereinafter referred to as a "merger by merger"), they may be merged under the resolution of a joint meeting of the representative agency of the political parties engaged in the merger of parties or their mandatory agency.

(2) The merger of political parties shall come into existence upon the registration or report to the Central Election Commission under Article 20 (1), (2) and (4): Provided, That when political parties merge from the date on which the application for registration of candidates for an election under Article 2 (1) of the Public Official Election Act commences to the election day, such merger shall take effect within 20 days after the election day.

(3) Where a merger of political parties has occurred under paragraphs (1) and (2), the City/Do parties to which they belong shall also be deemed to have reasonable: Provided, That in the case of a merger of parties, an application for change of registration shall be made through a reorganization competition of City/Do parties within three months from the date of application for registration of merger of parties.

(4) Where a newly established political party fails to apply for a change of registration within the period under the proviso to paragraph (3), the relevant City/Do party shall be deemed extinguished on the date following the expiration date of the period.

(5) Political parties newly established or surviving by merger shall succeed to rights and duties of the political parties prior to the merger.

Article 20 (Application for Registration in Case of Merger of Political Parties) (1) In the case of a party newly established by merger, the representative of political party shall apply for registration pursuant to the provisions of Article 12 (Matters to be Applied for Registration by Central Party) to the Central Election Management Committee within 14 days from the date of resolution of the joint meeting pursuant to the provisions of Article 19 (Merger of Political Parties) (1).

(2) In the case of paragraph (1), the matters under Article 12 (1) 7 and 8 may be supplemented within 120 days from the date of application for registration.

(3) When no supplementation is made within the relevant period in the case of paragraph (2), the National Election Commission shall order that supplements be made at least twice within a reasonable period, and when no supplementation is made, the relevant registration may be revoked under Article 44 (1).

(4) The representative of a political party surviving a merger as a result of the merger shall report to the National Election Commission on the reason for such merger along with a copy of the minutes within 14 days from the date of resolution of the joint meeting under Article 19 (1).

In the case of a merger of parties under Article 19 (Merger of Political Parties) , the party members of the merged political party shall become the party members of the merged political party. In this case, the written application prior to the merger shall be regarded as the written application for joining the merged political party.

【Rules on the Management of Political Party Affairs】

Article 1 (Purpose) The purpose of these Rules is to prescribe matters delegated by the Political Parties Act and other matters necessary for the management of political party affairs.

Article 11 (Handling Reports on Merger of Central Parties)

(2) When the National Election Commission receives a report on the merger of central parties under paragraph (1), it shall handle the affairs as prescribed in the following subparagraphs:

1. Reasons for and the date of report, and the number of party members entered in the register of the political party surviving.

2. Cancellation of the registration ledger of the absorption political party.

3. Public announcement on the merger of parties; and

4. Notification to the City/Do election commission.

(3) When there exists any change in registered matters of a political party surviving in dealing with a report on a merger of central parties under paragraph (2), the National Election Commission shall deal with it without applying for change of registration. Article 8 (Disposition of Application for Change of Registration)

2. Determination as to the main defense of the defendant and the intervenor

A. The assertion

The defendant's acceptance of a merger report is merely an act of fact with respect to a private person's act of self-sufficient public law, not an administrative disposition. Thus, the plaintiffs' lawsuit of this case is unlawful.

B. Determination

According to Article 19(1) of the Political Parties Act, the merger of political parties is established upon the registration with or report to the National Election Commission under Article 20(1), (2), and (4) of the Political Parties Act. According to Article 20(4) of the Political Parties Act, the alternative voters who continue to exist due to the merger shall report to the National Election Commission the reason for the merger along with a copy of the minutes within 14 days after the resolution of the joint meeting is adopted under Article 19(1). According to Article 11(2) of the Regulations on the Management of Political Parties, the National Election Commission shall deal with the affairs as prescribed in the following subparagraphs when the report of the merger of central parties is made under paragraph (1) of the same Article, and the National Election Commission shall deal with the matters as stated in the reason for merger, the date and number of reported party members, the cancellation of the registration ledger of the absorbed political party, the public announcement of the merger of the party, and the notification to the City/Do election Commission.

In light of the above relevant provisions, the legal effect of the merger of political parties is not merely derived from the submission of a report of merger by merger, but also from the examination of requirements by the National Election Commission. Accordingly, the defendant's acceptance of a report of merger by merger by merger is not a simple supplementary fact, but an exercise of public authority, which is the enforcement of law on the specific facts of merger by the superior public authority's exercise of power, and thus, it is a legal act that directly changes the specific rights and duties of a political party that can be caused by the merger and its member's status to be extinguished, and thus, it constitutes an administrative disposition subject to appeal litigation.

Therefore, the defendant and the intervenor's defense against the principal safety is without merit.

3. Judgment on the merits

A. The plaintiffs' assertion

The resolution of the pawned Meeting of this case was organized by the number of representatives, and the resolution of the pawned Meeting of this case was null and void because there were many persons who are not the actual representatives among the 2,644 representatives who participated in the Meeting of Representatives, and the disposition of this case, which is the report of this case and its acceptance based on it, is null and void because its defect is so serious.

B. Determination

(1) The decision of politics in fact in modern popular democracy is not a citizen as a general body, but is not an isolated individual, and is a political party incorporated by each common interest and common right trend. Accordingly, according to this trend of the times, the right to establish a political party in Article 8 guarantees the freedom of establishment of a political party and the multiple party system, the State's duty to protect is stipulated under the law, and furthermore, the Political Parties Act was enacted to contribute to the sound development of democratic politics by securing an organization necessary for political party to participate in the political will of the people and guaranteeing the democratic organization and activities of a political party.

(2) Meanwhile, according to Article 15 of the Political Parties Act, a meeting of election management members who received an application for registration of the formation of a political party does not refuse it so far as it satisfies the formal requirements, but if it fails to meet the formal requirements, it is ordered to order more than twice to supplement it. According to Articles 19(1), 20(1), and Article 11 of the Regulations on the Management of Party Affairs, the representative of a political party in the case of a merger shall file a new appeal with the National Election Commission along with a copy of the minutes within 14 days after the resolution of a joint meeting is adopted. Upon receipt of such a report, the National Election Commission shall enter the grounds for and date of the merger, and the number of party members (in addition to the number of party members belonging to the combined number of party members), enter the registration ledger of the political party, the fact of merger, and the notification to the City/Do election Commission in order.

(3) In light of the constitutional status of the political party as seen earlier, guaranteeing the autonomy of the multiple party system and the autonomy of the political party, the above-mentioned relevant statutes and regulations, and in particular, the early election commission has the authority to conduct a formal review in the formation registration of a political party, even in the case of a merger report, the defendant shall have the authority to examine only whether the report submitted meets the formal requirements prescribed in the Political Parties Act and the Regulations on the Management of Political Party Affairs. Therefore, if a merger report is accepted, the existence and validity of the resolution, which serves as the premise of the report, shall be excluded

In full view of the purport of evidence No. 7-1 and No. 2 as a whole, the intervenor submitted an absorption letter to the defendant along with the required documents in the form pursuant to the relevant Acts and subordinate statutes after the resolution of the meeting of the National Assembly members of this case. Meanwhile, the defendant, upon receipt of the report, confirmed the number of representatives as 5,200 and confirmed the number of representatives based on the meeting minutes with the consent of 2,644 members and 2,174 members, and confirmed that the quorum under the party constitution was satisfied with the consent of 2,174 members (by the attendance of a majority of the incumbent members, and a resolution with the consent of a majority of the members present), and thus, the facts leading to the disposition of this case may be recognized. The disposition of this case shall be a legitimate disposition in accordance with the formal authority of review.

3. Conclusion

Therefore, the plaintiffs' claim is dismissed for lack of reason.

Kim Jong-hee