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(영문) 서울중앙지방법원 2018.05.14 2017가합42321

선거관리위원 위촉 무효확인

Text

1. The Defendant’s election management members of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Election Management Committee on September 26, 2016, as C, D, E, and F.

Reasons

1. Facts of recognition;

A. The defendant was organized for the management of Seocho-gu Seoul Metropolitan Government B Apartment (hereinafter “the apartment of this case”), and its affiliated election commission is established to elect the president of the council of occupants’ representatives and representatives of each Dong.

(hereinafter “instant election commission”). (b)

The election commission of this case consists of five members including the chairperson pursuant to Article 6 of the Election Management Regulations, and as two members resign, the defendant (G of the representative G at the time) announced the application of the election management committee to fill two members on June 3, 2016.

Accordingly, the apartment complex association of this case recommended two candidates for the election management members.

C. Around that time, the instant apartment occupants filed an application for the provisional disposition suspending the performance of their duties against the said G, and around July, 2016, the vice-chairperson H, who was acting for him, did not commission two persons recommended as above, and on September 19, 2016, published the open recruitment notice for the instant apartment occupants on the open recruitment notice for the election management members. Unlike the public notice on June 3, 2016, the public notice was issued as of June 3, 2016, “2 to 4 election management members, who were vacant pursuant to Article 34 of the apartment management rules of the instant apartment”.

At that time, on September 23, 2016, the Plaintiff, the chairperson of the instant apartment election commission, sent to the head of Seocho-gu, the head of Seocho-gu, an official door called the “case of requesting the cancellation of open recruitment by the election commission” on the ground that the public notice of open recruitment by the above election management members of the Defendant violates the instant apartment management rules.

E. Nevertheless, on September 26, 2016, the above H commissioned four occupants (C, D, E, and F) of the instant apartment as the election management members of the election commission of this case.

F. On September 27, 2016, the Plaintiff was the head of Seocho-gu, and H, an acting person for the Defendant, the apartment of this case.