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(영문) 대구지방법원 2015.12.23 2015나304912

손해배상(기)

Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. Basic facts

A. On June 4, 2014, the Plaintiff presented a corrective monitor identification card issued by the Daegu Metropolitan City Mayor (hereinafter “instant identification card”) to officials in charge of voting management in order to vote at the 6th nationwide local election polling station established in Seo-gu, Daegu Metropolitan City, in order to vote in the said election at the 6th national local election polling station established in Seo-gu, Daegu Metropolitan City.

B. The front of the identification card of this case includes the Plaintiff’s face pictures and names, and the back side includes the issuance number, address, date of birth, validity period, etc.

C. The official in charge of voting management belonging to the Defendant waiting to ask the election commission about whether the instant identification card constitutes an identification certificate as prescribed by the regulations of the National Election Commission. However, the Plaintiff was unable to vote on the ground that 18:00 passed thereafter.

The voting guidance leaflet delivered to the Plaintiff states that “I must have an identification card at the time of voting (such as resident registration certificate, passport, driver’s license, public official certificate, certificate issued by government offices or public institutions, welfare card for disabled persons, certificate of merit, certificate of report on person of distinguished service to the State, student card, and certificate of alien registration, etc.).”

Article 155 (Voting Hours) (1) of the Public Official Election Act shall open at 6 A.M. and close at 6 P.M. (8 P.M. for special elections) on the election day.

Provided, That if there is any elector waiting to vote at a polling station at the time of closing, the number tickets shall be given to him/her and the polling station shall be closed after voting is made.

Article 157 (Procedure for Receiving and Recording Ballot Papers) (1) Where an elector himself/herself runs in a polling station and has no resident registration certificate under the witness of voting witnesses, he/she means any passport, driver's license, certificate of public official or identification card prescribed by Regulations of the National Election Commission, issued by a government agency or public institution, which makes it possible to

hereinafter referred to as "identification card".