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(영문) 청주지방법원 충주지원 2018.11.01 2018가합5096

총학생회장지위확인

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1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

around 2016, the Plaintiff registered at B University C Campus (hereinafter “instant University”).

From March 30, 2016 to March 31, 2016, the Defendant comprised of all the registered students at the instant university with regular members (hereinafter “instant election”) held a 30-party special election for the president of the instant university (hereinafter “instant election”), and the Plaintiff was a single candidate for the president of the said election.

As a result of the ballot counting of the instant election, 6,567 voters and 3,514 of them participated in the voting, and 2,746 of the voters elected the Plaintiff as the president of the total student group.

However, the above total number of 6,567 persons shall be the number calculated by adding only all the students in the first, second, and third years among the regular members of the total number of students of this case and those who participated in voting among the fourth and fourth years.

On March 31, 2016, the National Election Commission in charge of the management and supervision of the instant election, announced that “the Plaintiff obtained a majority of the total voters and won the election” after the ballot counting of the instant election, and announced that “the Plaintiff was elected.”

Among nine regular members of the total student council of this case, the National Election Commission raised an objection against “the scope of voters of the election of this case and whether the Plaintiff obtained the effective rate of votes”.

After deliberation of the above objection, the National Election Commission made a decision to the effect that “The total number of enrolleds at the time of the instant election is 8,318 and the number of enrolleds at the fourth grade is 2,456, and the number of enrolleds at the time of the instant election is 2,456, and the election of this case is invalid because the majority including the fourth grade all of the students was not voting.”

The defendant's rules relating to the instant case are as follows.

Article 1 (Name) The present session is called the General Council of Students at the University of this case.

Article 4 (Members) (1) All members of the relevant university shall be the regular members of the plenary session.