2010Kahap313 Subject to provisional disposition

1. National Teachers' Union;

Seoul

Representative ○○○○

2. Maap○○

Won-si

3. Kim○-○

Macheon-si

4. Kim○-○

Changwon-si

5. Elucidation ○○

Gyeongbuk-do

6. High ○○

Gwangju

7. Ma○○

Daegu

8. Maap○○

Daejeon

9. ○○

Busan

10.New ○○

Seoul

11. Dried ○

Ulsan (Ulsan)

12. Doo-○

Incheon

13. Lighting-○

Netcheon City

14. original ○○

Jeonbuk-North

15. Red ○

Jeju

16. Oral ○

Seosan-si

17. Doo-○

Chungcheongbuk-do

Applicant (Law Firm citizen, Attorney Kim Ba-soo, Counsel for defendant-appellant)

(2) Law firms, Attorneys Kim Young-young

(3) Attorney Song-sck's appeal

○ ○

Seoul

[Defendant-Appellee] Plaintiff 1 and 1 other

(2) Law firms Barun, Attorneys Song-chul et al.

(3) Seoul Law Firm Il, Attorney Kim Jin-sin

(4) Law firms today, Attorneys Kim Young-young

(5) Law firms Eul, Attorneys Lee Dong-soo

(6) Attorneys Seo Sung-sung

(7) Attorneys Ahn Young-young

(8) Attorneys Yang Han-soo

(9) Attorneys Lee Hun-tae

(1) Attorneys Jeong-ju

(1) Attorneys Yellow Dok-do, U.S. P.S., Lee Jong-ju

1. 1. 1. 1.2

13 Attorney Cha Jae-hwan

June 21, 2010

1. As to an application case between the above parties for provisional and non-disclosure measures between this Court 2010Kahap211

The decision of provisional disposition made on April 15, 2010 is authorized.

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

Applicants: as shown in the Disposition.

Respondent: Revocation of the decision of provisional disposition as stated in Paragraph (1) of this Article (hereinafter referred to as "decision of provisional disposition of this case").

c) The applicant's application for provisional disposition is dismissed.

The court's explanation on the instant case is next to Paragraph (1) of this case's provisional disposition order

The following shall apply to section 1 "B, Section 3(b)". The following shall apply to section 2 "B, Section 3(c):

In addition, "other than the addition of Section 3" is the same as the ground for the provisional disposition of Section 1.

section 203-3(1) of the Civil Execution Rule.

【Additional Part 1】

2. Determination as to the existence of jurisdiction

The respondent, in this case, has certain omission against a member of the National Assembly who is a State agency.

this Court asserts that this type of case has no jurisdiction over this Court.

Therefore, in the records, the applicants in the application for provisional disposition of this case are entitled to file the application in the application for provisional disposition of this case.

It is apparent that the bank is identified as an individual who is not a state agency, and this court shall do so.

As such, the above argument is without merit as it is based on the premise that it should be examined further (the same case on the other hand).

The disclosure of information is related to the performance of the respondent's duty as member of the National Assembly

as seen in Section 3(b) with respect to the assertion that there is no right to prohibit it.

. The Act:

【Additional Part 2】

The respondent and the applicant's personal or applicant's union among the information of this case

state to the effect that there may be a right to preserve by limiting to the information part on the members of the

(1) part of the information of this case, as claimed by the respondent,

If only the remaining information is disclosed, the applicant’s individual and the partner of the applicant’s union;

In respect of existing other teachers' unions (such unions, Korea Teachers' Unions, Free Teachers' Unions);

Non-Korean Teachers Association) or teachers' organization (Korean Teachers' Organizations Federation), excluding the provision of the applicant union;

The fact that he did not join the original trade union and the teachers' organization is disclosed, and that he was an applicant's union.

be deemed to have not joined a teachers' union or a teacher's organization;

(in other words, an applicant's union or a teacher's union is presumed to have joined the applicant's union.

The application may also be mistakenly perceived as not being a member of any of them, and in such cases, the application may also be filed.

The above rights (the right to organize, etc.) of the persons are infringed, and ② In particular, according to the information of this case

Teachers not included in the subject are admitted to any teachers' union or teachers' organization.

of this case, the respondent is an individual and the applicant of this case.

Information other than information on the members of the applicant union (other than the applicant union);

with information on persons who have joined a teachers' union or teachers' organization, the order of this case

the results, in the event that a new list of teachers not included in the report is prepared and disclosed en bloc,

The nature of the applicant's individual and union members of the applicant's labor union has become a member of the applicant's labor union.

As such, it is highly probable that each of the above rights of the applicants may be infringed upon, and ③ ultimately, the application

They have the right to prevent disclosure of the entire information of this case to the public.

It is reasonable to see the Act.

【Additional Part 3】

The respondent, through its Internet homepage, has disclosed the information of this case after the disclosure.

In addition, there is no violation of duty at present, and it shall be made public again in the future.

As to the fact that it is not necessary to preserve the applicant since there is no vindication of the applicant.

First, this Court respects that the respondent is a member of the National Assembly when determining the initial provisional disposition of this case

(1) If the applicant is deemed to comply with the law of the party and comply with the order of the above provisional disposition, an application for indirect compulsory enforcement by the applicant

In light of the record, the respondent issued a provisional disposition order of this case.

information of this case is disclosed without any consideration to the court's expectation.

have been issued by this Court upon request of applicants for indirect compulsory enforcement, and thereafter, upon the request of applicants,

Even after this, the decision of indirect compulsory performance is made after the lapse of several days.

B Only after being actually served and having become practically aware of the monetary burden, but still there is no day after such delivery.

and the amount of indirect compulsory performance shall be accumulated, and then the amount shall have been accumulated until then.

The reasons why it is difficult to cope with the appropriate indirect compulsory performance are, and the Internet Home Pest is not, the reason why it is difficult to cope with it.

information of this case was deleted in the District, on the other hand, the respondent disclosed the information of this case.

Since then, some press organizations and many members of the National Assembly have been affiliated and made public by the respondent.

The fact that one information has been transferred on the Internet and a significant portion of it has been posted, etc.

Each of the above arguments is proved. After the provisional disposition decision of this case, the respondent has been appointed as the respondent.

The same attitude and attitude, even until now, the disclosure of the information of this case by others continues.

In light of the fact that the respondent should take responsibility together with it, the respondent shall be subject to the application.

(1) The disclosure of the information of this case by another person shall be suspended only by the person and shall continue to be

It is difficult to accept the assertion that there is no breach of duty even if it is allowed to do so.

for the same reason, the respondent may directly disclose the information of this case in the future.

It is deemed that the vindication is sufficient.

If so, the decision of provisional disposition of this case is legitimate, and it is decided to authorize it as per Disposition.

The matters shall be determined.

Judges of the presiding judge;

Judges Lee Jae-chul

Judge Lee Hy-young