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(영문) 수원지방법원 2016.09.23 2015구합70134

부작위위법확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. B went out on June 4, 2014, the sixth simultaneous local elections conducted on June 4, 2014, and went out to the election of Gyeonggi-do C.

The Plaintiff did not report to the election commission as election campaign workers, etc. and carried out an election campaign for B from February 18, 2014 to May 18, 2014.

The Plaintiff was provided with the benefit of KRW 5.16 million and KRW 600,000 from the candidate B, etc.

B. On May 19, 2014, the Plaintiff revealed to the Gyeonggi Provincial Police Agency’s investigation department and accused B, etc. of violating the Election Act.

On May 21, 2014, the Plaintiff reported to the Defendant on the violation of the above Election Act.

C. On June 22, 2015, the Plaintiff filed an application for payment of monetary rewards to the Defendant.

On November 11, 2015, the Defendant issued a notice of refusal to pay a monetary reward (hereinafter “instant disposition”) to the Plaintiff with the following content:

According to the provisions of Article 262-3 (Payment of Monetary Rewards to Reporters of Election Crimes) (1) of the Public Official Election Act, the election commission at each level may pay a monetary reward to the person who has reported or reported to the committee before the election commission becomes aware of election crimes.

In the case of an application for the payment of a loan for delivery of a thickness, it is known that it is not subject to the payment of the reward under Article 262-3(1) of the Public Official Election Act, aside from the provision on the payment of the retirement agency's reward.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion 1 made the instant disposition on the ground that the plaintiff reported the election crimes to a resignation agency that is not the defendant. Article 263-3 (1) of the Public Official Election Act provides a reward to the person who reported the election crimes before the election commission becomes aware.