In a case where a member of the decision-making body under the articles of incorporation of the organization files a civil suit claiming the existence or effect of a resolution made by the decision-making body against the organization based on its status but dies during the proceeding of the lawsuit or after a final and conclusive judgment in favor of the party was rendered, whether the lawsuit is terminated (affirmative)

If a member of the decision-making body under the articles of incorporation of the organization filed a civil suit that contests the existence or validity of the resolution made by the decision-making body against the said organization based on its status, but died during the lawsuit or after the final and conclusive judgment in favor of the said organization was rendered, then the said lawsuit or retrial lawsuit is terminated without the suspension of the principal’s death, since the status as a member of the decision-making body cannot be deemed to be subject to inheritance as a right of good faith, and there is no room for taking over the lawsuit.

Article 233 of the Civil Procedure Act

Supreme Court Decision 62Da524 delivered on November 29, 1962 (Gong1981, 14246) 80Ma370 Delivered on July 16, 1981

The deceased Plaintiff (Defendant) (Attorney Kim Jong-soo, Counsel for the defendant-appellant)

[Defendant-Appellee] Korea High School (Law Firm Dongdong, Attorneys Kim Woo-hee, Counsel for defendant-appellee)

Busan High Court Decision 2003Na356 delivered on October 30, 2003

On March 8, 2004, the instant litigation was completed due to the death of the Plaintiff (Defendant in retrial).

If a member of a decision-making body under the articles of incorporation of the organization filed a civil suit that contests the existence or validity of a resolution made by the decision-making body against the said organization based on his/her status, but died during the lawsuit or after a final and conclusive judgment in favor of the said organization was rendered, then the said lawsuit or retrial lawsuit is terminated without the suspension of his/her death (see, e.g., Supreme Court Decisions 62Da524, Nov. 29, 1962; 80Ma370, Jul. 16, 1981).

According to the statement of the death certificate bound in the records, since it is apparent that the plaintiff (the defendant for review) died on March 8, 2004 during the party trial proceeding, the plaintiff's lawsuit for review of this case was terminated.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the petition for retrial of this case.

Justices Lee Yong-woo (Presiding Justice)