Cases of denying the party ability of a subordinate organization of a trade union;

The case holding that, as an affiliated organization of the previous national housing market trade union, the previous national housing trade union, the previous national housing trade union, the previous regional headquarters, and the previous national housing trade union, it is not deemed to have the ability to be a party because it is not recognized to have the substance of an independent social

Articles 47 and 48 of the Civil Procedure Act

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

National taxi trade union Federation (Attorney Han-chul, Counsel for the defendant-appellant)

Jeon National Housing, City Trade Union, Gwangju District Head Office (Attorney Lee Dong-soo, Counsel for the plaintiff-appellant)

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

The defendant shall pay to the plaintiff 185,590,200 won with 25% interest per annum from the day following the delivery of the complaint to the day of full payment.

1. We examine the main defense of this case.

The plaintiff asserts that the defendant's regional headquarters is merely an affiliated agency of the former National Housing Trade Union Federation of Korea and thus is not a party to the lawsuit of this case, and thus, it is unlawful to regard the lawsuit of this case as unlawful since the defendant's regional headquarters is not a party to the lawsuit of this case, since the plaintiff's regional headquarters is merely an affiliated agency of the former National Housing Union Federation of Korea National Housing Trade Union, and the defendant's regional headquarters is not a party to the lawsuit of this case.

Therefore, if a number of combinations organized for a certain purpose is an independent social organization with a decision-making body and representative body of that organization and through its representative or manager, it can be recognized as a party ability under Article 48 of the Civil Procedure Act even if it is not a juristic person. Thus, even if the defendant regional headquarters is not an affiliated organization of the Jeon National Housing Trade Union Federation, it can be determined as an independent organization separate from the upper organization with independent rules and has the ability to be a party ability. Thus, the defendant's regional headquarters is not an affiliated organization of the Jeon National Housing Union Federation, and it is sufficient to recognize that the defendant has the substance of the above independent social organization, and there is no other evidence to support this.

2. Thus, the plaintiff's lawsuit of this case against the defendant's regional headquarters is unlawful as a lawsuit against the non-corporate association with the capacity of party, and thus, it is so decided as per Disposition.

Judges Kim Yong-il (Presiding Justice)