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(영문) 부산지방법원 2019.02.14 2018가합759

당선무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an incorporated association established for the purpose of cooperating with the government policies on private taxi transportation business and rationalizing taxi transportation business and enhancing public interest.

The plaintiff is a person who supported the candidates in the 15th election of the defendant's 15th chief director (hereinafter referred to as the "election of this case") that is considered below as the defendant's members.

B. On May 9, 2018, the Defendant publicly announced the instant election as of May 21, 2018, and run for D and C2 candidates. 2) C candidates filed an objection on the ground that during the election campaign period, the Defendant’s election campaign to the Defendant’s election commission violated the Defendant’s Election Management Regulations (hereinafter “instant election campaign regulations”) that “If a candidate is elected, the amount of KRW 23 billion should be distributed equally to the members of the E-association (hereinafter “E association”) accumulated in the event of a candidate” (hereinafter “instant campaign”).

On May 18, 2018, the election commission of the defendant decided to issue an open warning to C because it is not possible to distribute some of the reserves of this case 23 billion won in full. However, it was impossible to distribute the entire amount. Thus, the defendant decided to issue an open warning to C, and notified C of the above warning in writing.

2) In the instant election, No. 1 D candidate No. 4,442, and No. 2, C candidate No. 5.764, and the Defendant’s election commission constituted a candidate for C candidate on May 25, 2018 and notified the same to the members. (c) Of the relevant regulations, the parts relating to the instant case in the instant election regulations are as follows:

1. A candidate may establish an election campaign office in a place near Busan City/Do, and in order to manage affairs of the election and to assist in the election campaign of a candidate;