207Kahap2286 Disposition of Suspension of Performance of Duties

1.00 (00000 - 00000)

Seoul Central Central Government

2. Kim 00 (00000 - 00000)

Cheongju-gu

3. Lighting00 (0000 - 000000)

Busan District Court Decision 201Hun-gu

4. Lighting00 (0000 - 000000)

Mympo-si

Opening Party:

Yeongdeungpo-gu Seoul

Representative 00

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.

The respondent is prohibited from holding a temporary national assembly announced in August 18, 2007 by the respondent.

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 respondent is a political party established on the basis of Article 8 of the Constitution and the Political Parties Act, and the applicants are party members of the respondent.

B. On February 14, 2007, the respondent held the National Representatives of Seoul Metropolitan Council (hereinafter referred to as the "Seoul Metropolitan Council") and held a meeting on February 14, 2007 (hereinafter referred to as the "Seoul Metropolitan Council"), 1. 2. 2 . . . . . . . . . . . . . 1 . . . to carry out the peace force below the demand of the ordinary people in the middle and middle class, the future forces, . . . . 2 . to delegate the comprehensive authority related to the process, . . . . . . . . . 3) to the new guidance division elected at the Seoul Metropolitan Council, which is the highest executive resolution body of the party for four months after the Seoul Metropolitan Council, . . . . to delegate the authority of the consolidated executive body to the joint meeting consisting of the president of the party, the highest committee members, and the chairman of the party members council. . . . . . .. . .. ... ... .. ..... .....

C. On June 14, 2007, the respondent held a joint meeting ("joint meeting for promotion of the second large group"; hereinafter "joint meeting") established by the resolution of the Seoul Metropolitan Government on February 14, 2007, and decided on the agenda that "I shall support the trend of the formation of the large group of the political party and participate in the large group of civil society experts," "I shall convene a temporary meeting to resolve matters related to the participation of the large group of political parties," and "Second, I shall delegate the decision to the highest committee," and "The period specified in Articles 4 through 7 of the Addenda of the party constitution" shall be interpreted as "Until the third central committee is organized based on Article 1 (2) of the Addenda."

D. On August 10, 2007, the respondent made a decision on August 10, 2007 as the case of a resolution of merger with the Grand Democratic Party, the case of the formation of the delegation body for merger, and on August 14, 2007, the case of the formation of the delegation body for merger was decided as follows:0 on August 18, 2007, the Respondent held a temporary rally in Kinkex located in Gyeonggi-do (hereinafter referred to as the “instant pawn affiliate”). The party constitution and its Addenda (hereinafter referred to as the “Annex”) of the Respondent are 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 powers:

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 Heads of Political Parties, 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. Whole vote of the party members for the maintenance of the platform and basic policies;

3. Interpretation of party constitution and party rules;

4. A decision to convene a temporary national assembly or a temporary City/Do council member conference;

5. Handling of agenda items delegated by the National Assembly of Representatives;

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

7.The delegation agency of the National Assembly of Representatives for merger 8. The election of the head of a party and the highest committee members when a vacancy occurs in the head of a party or the highest committee for merger; the joint committee 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 the respondent was not constituted.

2. Applicant's assertion

In accordance with the resolution of the pawning Congress on February 14, 2007, the applicants were entitled to joint meeting as of June 14, 2007, and the authoritative interpretation on June 14, 2007 of the joint meeting was invalid since the joint meeting whose authority has been extinguished is against the text of the Addenda to the party constitution and the contents of the resolution of the pawning Assembly 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 call a temporary meeting at the Central Committee, the highest committee now passed a resolution to call the pawning meeting of this case while exercising the power of the Central Committee as an organization for the issuance of the provisional order. This case is a resolution of the highest committee without authority and without legal basis, and even if the joint meeting was convened on June 14, 2007, the applicants and the respondent cannot be held to avoid damages to the original purpose of the provisional disposition, including the respondent.

3. Determination

In light of the above, on February 14, 2007, the joint meeting with the authoritative authority of the party constitution and the party rules (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 the integrated number of the joint meeting and representative nature exists until the third party committee is organized, and it is difficult to see that the joint meeting was established at the joint meeting of 40 months after the expiration of 4 months from February 14, 2007, and it is difficult to see that it is difficult to 10 months from the joint meeting with the majority of the National Assembly members who belong to the joint committee for the purpose of the party constitution.

14. Although the Supreme Court has decided to convene a temporary rally to support the current progress of the formation of the new rally and to adopt a resolution on matters related to the participation of the new rally, the Supreme Court has delegated it to the highest committee with respect to the timing and agenda of the temporary rally; the Supreme Court has decided to convene a temporary rally to merge with only the time and agenda so it does not violate the provisions of the above Annex; and the Supreme Court has decided to hold a temporary rally to authorize the temporary rally to convene a new meeting within the scope of delegation by the Central Committee to the effect that, in light of the above facts, it is difficult for the Supreme Court to regard the "case of the resolution on the merger with the Central Party" and the "case of the formation of the temporary delegation body for the merger of the Central Committee" as belonging to the "matters related to the participation of the Central Committee in the Central Assembly," which is difficult to be viewed as invalid by the Central Committee's decision-making of the Central Committee's plenary session to the effect that it is invalid by the Central Committee's decision-making of the Central Party.

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

Table of demotion of judges;

Judges Kim Jong-tae