1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance as stated in Article 420 of the Civil Procedure Act.

2. Judgment on the Defendant’s main defense

A. The Defendant’s Defense Section B Adjustment Committee (hereinafter “instant Adjustment Committee”) is an independent organization consisting of only workers engaged in maintenance and repair work among the workers belonging to B, and has separate legal personality performing independent activities. As such, the Plaintiff filed the instant lawsuit against the Defendant against the instant Maintenance Committee on the ground that it ought to dispute the validity of the instant election.

B. Article 52 of the Civil Procedure Act recognizes the capacity of a non-corporate body as a party to a non-corporate body, not a juristic person, with the substance as an association and its representative or manager in case of social activities or transactions through its representative or manager, disputes arising therefrom shall be resolved by the organization as a party to a lawsuit in its own name. Thus, an association referred to in this context refers to a group of multiple persons organized for a certain purpose, with a stipulation as to an organization externally representing an association. One of the subordinate organizations of an incorporated association is an independent non-corporate body separate from the incorporated association, if it has the substance as above and is performing its own activities.

(see, e.g., Supreme Court Decision 2006Da60908, Jan. 30, 2009). While the instant maintenance committee was formed under the Defendant’s jurisdiction, the instant maintenance committee is an organization consisting solely of the employees engaged in maintenance and repair work belonging to B, and the maintenance committee separately provides for operational rules, business rules, accounting and travel expenses rules, standing regulations, and regulations on election management.