1. Of the judgment of the court of first instance, the part against the plaintiffs regarding the confirmation of invalidity below shall be revoked.

The reasoning for this part of this Court is that the corresponding part of the judgment of the court of first instance is identical to that of the judgment of the court of first instance. Thus, this part is cited in accordance with Article 420 of the Civil Procedure Act

Defendant Union’s decision on the main defense of the safety at issue asserts that “The defendant Union does not pose a risk to the rights or legal relations of the plaintiffs by the resolution of Nos. 1, 2, and 3 (hereinafter “each resolution of this case”), and thus, there is no benefit of confirmation of the lawsuit or protection of the rights.”

① Each resolution of the instant case pertains to the right to vote and eligibility for election, election management, and methods of election campaign of the association members of the Defendant Union including the Plaintiffs. Article 22 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) directly regulates “the right to participate in the operation thereof, etc.” as the rights of union members.

② In addition, comprehensively taking account of the following: (a) the effect of the resolution of the National Assembly of the defendant association composed of representatives elected according to each of the instant resolutions on the members of the defendant association including the plaintiffs, and the fact that the election of executive officers of the defendant association periodically takes place according to each of the instant resolutions; (b) there is an unstable risk in the rights or legal status as the members of the plaintiffs; and (c) this part of the lawsuit is assessed as an effective and appropriate means to eliminate such apprehensions

Therefore, it is reasonable to view “this part of the lawsuit seeking confirmation of invalidity of each of the instant resolutions” as an interest in confirmation. Therefore, the main defense of the Defendant Union is without merit.

Judgment on Merits

A. Determination as to the invalidity of the first resolution - Party’s assertion 1) - Party’s resolution 1 stating that the Plaintiffs’ “other than previous ones, to select only one representative of the Defendant Union for each branch, and to amend the Code,” can participate in the election of representatives for each branch.