207Kahap2287 Disposition of Suspension of Performance of Duties

1. 000 (0000 - 000000)

Seoul Central Central Government

2. 000 (0000 - 000000)

Cheongju-gu

3. 000 (0000 - 000000)

Busan District Court Decision 201Hun-gu

4. 000 (0000 - 000000)

Mychomamamas Yingchos

00

Jeonbuk-gu Office of First Instance

Seoul Yeongdeungpo-gu

Law Firm Completion, Attorney Choi Sung-sung, Counsel for the plaintiff-appellant

August 17, 2007

1. All of the applicants' requests are dismissed.

2. The costs of the lawsuit shall be borne by the applicant.

Seoul Southern District Court 2007Gahap15326 case

shall be suspended until the judgment becomes final and conclusive.

1. Basic facts

In full view of the purport of the entire examination of the records of this case, the following facts are substantiated.

A. The applicants are party members of 0000, and the respondent is the party chairperson of 0000.

B. On February 14, 2007, 000 held the National Representatives of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Metropolitan Government") on the agenda that ① promote peace forces, future forces, under the vision that meets the needs of ordinary people in the middle and the reconciliation cooperation between South and North Korea, ② delegate the method of promotion of the Central Committee to a new guidance department elected in the Seoul Metropolitan Government Center, ③ postpone the formation of the Central Committee, which is the highest executive resolution body of the party for four months after the Seoul Metropolitan Government Congress, and during that period, it decided to delegate the authority of the consolidated executive body to a joint meeting consisting of the president of the party, the highest committee members, the members of the National Assembly, the members of the party, the members of the party, and the members of the committee, and the members of the Seoul Metropolitan Government elected the head of the party, the highest committee as members of the committee, the members of the National Assembly, the members of the National Assembly, and the members of the party, and the members of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Metropolitan Government").

C. On June 14, 2007, 000 held a joint meeting (the joint meeting for the promotion of the second large group; hereinafter referred to as the "joint meeting") which was launched by the resolution of the Seoul Metropolitan Government on February 14, 2007, and decided on the following items: ① "Korea shall support the flow of the formation of the large group of the political party and participate in the large group of civil society experts, etc. and participate in the large group of the large group of the parties; ② "The decision on the timing for the opening of the temporary pawn group and agenda thereof shall be delegated to the highest committee; ③ the period specified in Articles 4 through 7 of the Addenda of the party constitution" shall be interpreted as the Central Committee based on Article 1(2) of the Addenda.

D. On August 10, 2007, the highest committee decided on August 10, 2007 that "the case of a resolution of merger with the Grand Democratic Party, the case of the formation of the delegation body for merger, and the case of the formation of the delegation body for merger," which held on August 14, 2007, that "the temporary rally of this case (hereinafter referred to as "the pawn") shall be held in Kinkex located in Gyeonggi-do."

E. The party constitution and the Addenda to the party constitution of 0000 (2. 14. 2. 2007. hereinafter referred to as the " party constitution Addenda") stipulate as follows:

【Party Constitution】

Article 15 (Authority)

(1) The National Assembly of Representatives shall have the following authority:

4. Resolution on matters concerning the dissolution and merger of the political party. Article 16 (Convocation)

(2) A temporary national representative meeting shall be convened by a resolution of the Central Committee or at the request of at least 1/4 of the registered representatives of the national representative meeting within one month: Provided, That the chairperson shall convene the meeting within a specified period, if requested to convene the meeting.

Article 19 (Authority)

(1) The Central Committee shall have the following authority:

6. Calling and passing a resolution on a temporary national assembly or a temporary assembly or demonstration. Article 135 (Merger, Dissolution, and Liquidation)

(1) Where a political party merges with another political party, the resolution of the national representative competition or the delegated agency thereof shall be required: Provided, That where inevitable circumstances make it impracticable to hold a national representative competition exist, the Central Committee shall be the delegated agency.

Article 138 (Interpretation of Party Constitution and Party Regulations) When there is an objection to the interpretation of party constitution and party regulations, the authoritative interpretation of the Central Committee shall govern.

【Supplementary Rule to Party Constitution】

Article 1 (Transition Regulations concerning Organization of Joint Meeting comprised of Chairperson of Party, Chief Members, Members of National Assembly, Chairperson of Operation Committee, etc.)

(2) The joint meeting shall be removed at the same time as the third joint committee is organized.

Article 2 (Transitional Provisions concerning Authority at Joint Meeting)

(1) Notwithstanding Article 19 (Authority of Central Committee) of the party constitution, a joint meeting shall have the authority of the following integrations and representative nature until it is organized by the Central Committee:

1. The right to submit a total vote of the party members on the basis of maintaining the platform and the basic policy;

2. Proposing and amending any amendments to the party constitution;

3. Interpretation of party constitution and party rules;

4. Resolution to convene a temporary national meeting or a temporary meeting of City/Do representatives; 5. Handling of agenda items delegated by the National Assembly;

6. Deliberation and resolution on agenda items to be presented to the National Assembly of Representatives;

8. Election of the chief commissioner and the chief commissioner of a party in the event of a vacancy in the office of the chief commissioner and the chief commissioner of the party in respect of a merger; a joint meeting may delegate part of its authority to the highest committee.

Article 3 (Transitional Regulations Concerning Organization of Central Committee) Notwithstanding the provisions of Article 18 (Status and Composition of Central Committee) of the Party Constitution, the Central Committee shall suspend the organization of the Central Committee for four months after the pawning on February 14, 2007.

Article 4 (Transitional Regulations Concerning Powers of Central Committee) Notwithstanding the provisions of Article 19 of the Party Constitution, the Central Committee shall delegate the authority related to the execution of party affairs to the Speaker and the highest committee for the period prescribed in the preceding Article, except the authority prescribed in Article 2 (1) of the Addenda.

F. Meanwhile, until June 14, 2007, the third Central Committee of 000 was not organized until June 14, 2007

On February 14, 2007, the applicants were entitled to the joint meeting as of June 14, 2007, and the authority of the joint meeting was expired, and on June 14, 2007, the authoritative interpretation of the joint meeting was invalid because the joint meeting whose authority was extinguished was contrary to the text of the Addenda to the party constitution and the contents of the resolution of the sub-committee meeting on February 14, 2007. Thus, as of June 14, 2007, the chairman of the party must convene the central committee as of June 14, 2007, and convene the temporary conference at the central committee. However, as of June 14, 2007, the central committee now passed a resolution to convene the sub-committee meeting of this case while exercising the authority of the consolidated organization, the respondent has the highest committee without the authority to exercise the authority to convene the sub-committee of this case, which was convened by a person without the authority of the party, and has exercised the authority to convene the sub-committee of this case as of the party.

14.In order to avoid this in advance, a party member, including the applicant, who has been unable to recover when failing to perform his/her duties, seeks to issue a provisional disposition, such as a statement in the purport of the application, in order to avoid this in advance.

3. Determination

In light of the above, on February 14, 2007, the joint committee with the authoritative authority of the party constitution and regulations (Article 2(1)3 of the Addenda to the party constitution) is interpreted as "B until the third party committee is organized" under Articles 4 through 7 of the Addenda to the party constitution on June 14, 2007, and the third party committee under Article 3 of the Addenda to the party constitution has suspended its organization for four months after February 14, 2007. In light of the above, it is difficult to view that the applicant's authority of integrated number and representative nature exists until the third party committee is organized, and it is difficult to 10 months after the expiration of the joint committee and 20 months after the expiration of 4 months from February 14, 2007.

14. The decision to convene a temporary meeting to support the current progress of the formation of the Seoul Metropolitan Government and to decide matters related to the participation of the Seoul Metropolitan Government Party. On the other hand, the convening time and agenda of the temporary rally for the merger are delegated to the highest committee. The highest committee determines that the convening of the temporary rally for the merger itself does not violate the provisions of the Addenda to the above party. The "case of the resolution of the merger with the Seoul Metropolitan Government Party" decided by the highest committee as an agenda and the "case of the formation of the organization for the merger of the Seoul Metropolitan Government Party" seems to belong to the "matters related to the participation of the Seoul Metropolitan Government Party," which are the scope delegated by the Joint Committee. Even if the right of the Central Committee to request the removal of the Seoul Metropolitan Government Party is extinguished after June 15, 2007, it is difficult to see that the Central Committee of the Seoul Metropolitan Government Party was authorized to independently convene the Central Committee's decision on the reduction of the term of office of the Seoul Metropolitan Government Party to the effect that it is invalid.

4. Conclusion

Thus, the applicant's application is dismissed as there is no reason to further determine the necessity of preservation because there is a lack of vindication of the right to be preserved.

Justices Park Jong-young, Counsel for the defendant

Judge Kang Jong-soo

Judges Kim Jong-young