업무방해
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant B participated in the election of the chairman of the E Commercial Building Management and Operation Committee (hereinafter “instant election”) at the request of K, a candidate for the instant election, instead of the J witness. Defendant B exercised legitimate authority as a witness to prevent unlawful voting in the process.
B. Defendants’ act constitutes a justifiable act to prevent unlawful voting.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding Defendant B’s assertion, the following facts are acknowledged.
① Each candidate for the election of this case shall select a witness and notify the committee for election management in advance, and Defendant B shall not be notified as a witness (see the statement of the witness F in the lower court). (2) According to Article 20 of the Election Management Regulations regarding the election of this case, the witness, etc. may raise an objection against the election of the committee for election management during voting or after the election is completed.
“” is defined to the effect that “.
③ Defendant B obtained the power of attorney, etc. submitted by a proxy voter from F of the Election Management Committee Chairperson, and then Defendant B obtained the evidence of an unlawful election.
The phrase, “,” etc. carried them out of the polling station, and returned the said documents at the request of F after about 10 minutes.
④ A candidate for the instant election filed a lawsuit against the Commercial Building Management Steering Committee on February 17, 2015, and on September 10, 2015, the first instance court decided to the effect that the instant election becomes null and void (the Changwon District Court 2015 717). However, on January 19, 2016, the Plaintiff withdrawn the instant lawsuit, and did not re-examine the validity of the election process, and took part in the decision of the election management members and the operating members appointed by the chairman on behalf of the chairman.
The conciliation was concluded to the effect that “” was “The Changwon of Busan High Court.”