Court Dismisses Lee Jun-seok's Injunction Request... Only Joo Ho-young's Emergency Committee Chairman Duties Suspended

"Standing National Committee Resolution, No Defects Constituting Grounds for Invalidity"
"People Power Party, Not an 'Emergency Situation' Warranting the Establishment of an Emergency Committee"

[Image source=Yonhap News]

[Asia Economy Reporter Yoo Byung-don] Former leader of the People Power Party, Lee Jun-seok, filed a provisional injunction to suspend the effectiveness of the party's transition to an emergency response committee against the People Power Party and Emergency Response Committee Chairman Joo Ho-young, which has been dismissed. However, the court decided to suspend Chairman Joo's execution of duties until the final ruling on the main lawsuit filed by former leader Lee to suspend the effectiveness of the party's transition to the emergency response committee.

The Civil Division 51 of the Seoul Southern District Court (Chief Presiding Judge Hwang Jeong-su) stated on the 26th, "The application against the People Power Party is dismissed as inappropriate," but added, "However, the application against Chairman Joo Ho-young is justified and is accepted." Dismissal is a disposition that ends the trial without substantive examination when the lawsuit or claim requirements are not met.

The court viewed that Chairman Joo should be the debtor in this case. This implies that the court found no illegality in the Supreme Council, Standing National Committee, and National Committee meetings held by the People Power Party to transition to the emergency response committee system.

The court judged, "It is difficult to see any defect that would invalidate the resolution of the Standing National Committee," and added, "Even if the Supreme Council resolution is invalid, there is no procedural defect in the National Committee resolution made at the National Committee and Standing National Committee meetings convened on August 9 based on the Standing National Committee resolution in this case."

Furthermore, the court added, "Considering that the ARS telephone voting method was used when former leader Lee was elected as party leader, it cannot be considered illegal or a serious defect."

[Image source=Yonhap News]

On the other hand, the court regarded the resolution part concerning the appointment of the Emergency Response Committee Chairman in the National Committee resolution as invalid. The court explained, "The 'emergency situation,' which is a requirement for establishing the Emergency Response Committee and appointing its chairman, should be interpreted strictly, meaning a situation where the party leader or the Supreme Council cannot function normally and the normal functions cannot be restored or are very difficult to restore through procedures stipulated in the party constitution," and added, "Considering various circumstances, it is difficult to conclude that an 'emergency situation' requiring the establishment of an Emergency Response Committee in the People Power Party has occurred."

The court further stated, "It is reasonable to view that the resolutions of the Standing National Committee and the National Committee in this case exceeded the scope of autonomy in party activities," and explained, "The part of the National Committee resolution concerning the appointment of the Emergency Response Committee Chairman violates the Constitution, which stipulates that 'the organization and activities of political parties must be democratic,' and the Political Parties Act, which requires 'representative and executive bodies that reflect the consensus of party members to maintain democratic internal order,' and therefore should be considered invalid."

Moreover, the court ruled in favor of former leader Lee, stating, "If Emergency Response Committee Chairman Joo Ho-young, appointed by the National Committee resolution, holds a party convention and elects a new party leader, even if the suspension period of party membership expires, the creditor cannot return as party leader," and added, "There is a risk of irreparable damage, so the necessity of preservation is also demonstrated."

This content was produced with the assistance of AI translation services.