국회의원선거무효
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The fact that the election commission, the representative of the defendant, decided the E-candidate of the D Party as the elected person in the C-election (hereinafter “instant election”) implemented on the B-Date of Basic Facts, is significant in this court.
2. The plaintiff asserts that the election of this case is invalid for the following reasons. A.
The ballot counting period used in the election of this case constitutes a computer system, which is an integrated system of output of ballot papers and ballot counting system, and a computer that separately controls the ballot counting, and its use is limited to a special election, etc. pursuant to Article 5(1) of the Addenda of the former Election of Public Officials and Prevention of Unlawful Election Act (amended by March 16, 1994). Moreover, even if it is a computer system pursuant to Article 278 of the Public Official Election Act, it does not abide by the procedural provisions such as public relations to the elector and consultation with the political party that forms a negotiating body in the National Assembly. Therefore, the election of this case cannot be deemed to have completed the valid ballot counting procedure.
B. Article 150(10) of the Public Official Election Act provides that “The serial number shall be printed on the ballot paper,” and the instant election was used a ballot paper with no serial number printed.
C. In the instant election, an unfair election, such as political and economic discrimination against Article 1 of the Public Official Election Act, was held.
3. Determination
A. An election lawsuit stipulated in Articles 222 and 224 of the Public Official Election Act is a lawsuit seeking an election as a collective act and having violated the provisions regarding an election in a series of processes such as election, and thereby having influenced the result of the election, all or part of the election shall be invalidated.
The purpose of this is to legally enforce an election and to determine the result of the election properly, so the government or a public organization's institution is a civil suit as provided in Article 3 (3) of the Administrative Litigation Act, i.e., the law.