A housing association responded with a ‘sub-claim lawsuit agreement’ to the claim that ‘I am not a union member’… Law “Excessive interpretation”

The court ruled that it was excessive to prevent civil and criminal liability from being held against members who lost their local housing association qualifications under housing laws.

On May 21, the 9th Civil Affairs Division of the Busan District Court ruled in favor of the plaintiff in a counterclaim filed by Mr. A, a man in his 50s, against Local Housing Association B for confirmation of non-existence of union member status.

Mr. A signed a sales contract with Association B in 2015. However, he lost his qualification as the head of the household when he moved to his parents' home in 2022. Afterwards, in 2023, Union B filed a lawsuit against Mr. A demanding payment of approximately 20 million won in contributions.
Accordingly, Mr. A filed a counterclaim. This is because, as you go from being the head of the household to becoming a member of the household, you naturally lose your union membership status. In addition, it was emphasized that there is no obligation to pay the contribution because the union member lost his or her status earlier than the date on which it was decided to pay the contribution.

The union countered that Mr. A did not have the right to file a lawsuit. This is based on the provision written in the contract document that ‘if a member loses his or her qualifications as a housing association member due to relevant laws and regulations, no civil or criminal objection will be raised.’ He then argued that Mr. A's lawsuit should be dismissed.

The court ruled in Mr. A’s favor. Regarding the sub-prosecution agreement, the court explained, “It is reasonable to believe that an objection cannot be raised when the union revokes union membership,” and “It is difficult to view it as prohibiting Mr. A from claiming that he has lost his union membership.”

Attorney Jeong Woo-young of Daeryun Law Firm, who represented Mr. A, said, "The moment Mr. A lost his status as the head of the household, he also lost his union membership and status. However, Mr. A had the benefit of seeking confirmation of his non-existence as a union member through a trial in order to escape the risk and anxiety of paying contributions."

Reporter Kwon Byeong-seok (bsk730@fnnews.com)

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Housing association responds with 'sub-subject agreement' to claim 'not a union member'... Law “Excessive interpretation” (Shortcut)