회사관계소송과 자백 -주주총회 결의무효확인소송의 법적 성질과 대세효를 근거로-

As filing identity and filing period are legally fixed for the lawsuit to cancel company establishment and the lawsuit to cancel resolution made in shareholders meeting and the judgement to quote it has effect of general situation, it is a common view to understand it as forming lawsuit. Additionally, lawsuits to invalidate merge and establishment are also interpreted in the same manner. On the other hand, though the clause 380 of the commercial law is applied to clause 190 for the expansion of judgement's effect in a lawsuit to confirm the invalidation of resolution invalidated, there is no legal regulations for the method to claim, filing identity and filing period. However, in case of claiming the invalidation of resolution through a lawsuit, the general effect of special lawsuit procedures and verdict in favor are recognized as the company lawsuit based on the commercial law in the procedure of civil suit to fix regal relation uniformly. Though the company related lawsuit is not the procedure of lawsuit based on the theory to detect authority, the reason that validity of verdict has effect of general situation influencing the third party is to settle down legal relation with companies uniformly and prevent the repetition of lawsuit. In the company related lawsuit, the topic of this paper, the problem of applying confession legally needs to be discusses in relation with effect of general situation. Because it is recognized when public interest with highly probable truth is judged to exist, and effect of general situation is mentioned as a background of theories to detect authority in relation with the fact on which principles are adopted for collecting lawsuit data. However, as a verdict to cancel resolution, the cancellation of unreasonable resolution, a verdict to confirm change are forming judgements, the range of Res iudicata power generally influences the third party based on its attributes, but opinions are opposite each other for the fact on whether a verdict to confirm the invalidation of resolution and a verdict to confirm the nonexistence of resolution are forming lawsuit or confirming lawsuit. As effect of general situation is brought about in forming lawsuit and rarely has relation with confirming lawsuit, it is indispensible to review it. Accordingly, this paper focuses on reviewing the lawsuit to confirm the invalidation of resolution in shareholders meeting among company related lawsuits, and excludes other company related lawsuits. In other words, this paper grapes the legal characteristic of lawsuit to confirm the invalidation of resolution and reviews the general effect for it, additionally, derives the fact on whether confession is accepted in the company related lawsuit based on it.