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(영문) 서울고등법원 2014.12.10 2014수106

자치구/시/군의장당선무효

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant's claim on June 4, 2014.

Reasons

1. Basic facts

A. The result of the election of the head of the Seoul Special Metropolitan City C head on June 4, 2014 (hereinafter “instant election”) was decided as the elected person.

B. Meanwhile, the Defendant continued to make a resident registration in Seoul, after moving into Seoul, on February 26, 1980, and the administrative district of Seoul, which was changed to Seoul F on April 1, 1980, to the election day of the instant case. The Defendant, on June 22, 2011, filed a move-in report under Seoul GGra 301, but the said address was changed to Seoul H, 301, which is the road name address on October 31, 201, and the Defendant filed a move-in report with Seoul, Seoul H, 301, which was the road name address on May 19, 201, but again filed a move-in report with the Seoul J, 321 Dong 802 on May 27, 2014.

[Ground of recognition] The entry of Gap evidence No. 1, the fact-finding results of the K community service center in this court, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion refers to a legitimate resident registration under the Resident Registration Act, which requires a real resident to reside as a resident for the election of the head of a local government under Article 16(3) of the Public Official Election Act. Since the Defendant did not actually reside in Seoul H or 301, which was the resident registration at the time of the instant election, the decision on the elected person against the Defendant who was not eligible for election is null and void.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. According to the provisions of the Public Official Election Act, the eligibility for election is the requirement of continuous resident registration within the jurisdiction of the relevant local government for at least 60 days as of the election day, and does not require actual resident registration. Thus, barring any special circumstance, barring any special circumstance, the eligibility for election is recognized as long as resident registration has been made within the jurisdiction of the relevant local government for at least 60 days as of the election day, inasmuch as it constitutes a false report on resident registration.