Whether the National Federation of Bus Transport Business Cooperatives is an independent organization separate from those of the same federation (negative)

The National Federation of Bus Transport Business Associations is merely an affiliated organization of the same federation which is established to efficiently carry out mutual aid projects of the same federation as prescribed by the Land Transport Promotion Act and the Enforcement Decree of the same Act, and it cannot be deemed that it is an independent organization separate from the same federation. Therefore, it has no capacity to

Article 47 of the Civil Procedure Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Han, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant-appellee)

Attorney Kim Jong-young, Counsel for the plaintiff-appellant of the National Bus Transport Business Federation

Masung Passenger Transport Corporation

Gwangju High Court Decision 89Na5675 delivered on April 17, 1991

The judgment of the court of first instance is reversed and revoked.

The lawsuit of this case shall be dismissed by the mutual aid association of the National Federation of Bus Transport Business Associations.

The total cost of litigation shall be borne by the mutual aid association of the National Federation of Bus Transport Business Associations.

ex officio, the party ability of the Plaintiff’s National Bus Transport Business Federation Federation (hereinafter “Plaintiff’s Mutual Aid Association”), and the Plaintiff’s Mutual Aid Association is merely an affiliated organization of the Federation’s affiliated organization established to efficiently carry out the mutual aid business of the Federation of Korea Bus Transport Business Associations and the Enforcement Decree of the same Act, and cannot be deemed an independent organization separate from the Federation’s affiliated organization under the Civil Procedure Act (see, e.g., Supreme Court Decisions 90Da4419, Jan. 29, 1991; 88Da4284, Mar. 28, 1989).

Nevertheless, the lower court or the first instance court determined that the Plaintiff Mutual Aid Association had the ability to be a party under the Civil Procedure Act, and it is not necessary to determine the grounds of appeal on the grounds of appeal since it committed an unlawful act that erroneously determined the party’s ability.

Therefore, the judgment of the court below is reversed, and the judgment of the court of first instance is revoked, and the case is decided directly by the party members pursuant to Article 407 subparagraph 1 of the Civil Procedure Act. As seen earlier, the plaintiff's mutual aid association is not capable of being a party member, and the lawsuit of this case is dismissed as it is unlawful and the total costs are assessed against the plaintiff's mutual aid association that

Justices Kim Sang-won (Presiding Justice)