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(영문) 부산고등법원 2017.04.13 2016나57079

당선자지위확인

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 11, 2015, the Defendant held a general meeting of delegates for the election of executives (hereinafter “instant election”) and held a president’s election (hereinafter “instant election”), and the Plaintiff and C were candidates.

B. In the opinion of opinion that was conducted immediately before the voting of the instant election, the Plaintiff expressed that “I will write down 50% of the annual salary, 50 million won, and 50,000 won for the representatives of the 131 representative directors of the National Assembly of the Saemaul Bank, now, since the number of monthly salary of the director-general of the National Assembly of the National Assembly of the Republic of Korea is about 100 million. If the election is held, I would like to write off 50% of the annual salary, and 50,000 won for 1 year.”

The Plaintiff received the audience’s stuff, and called “I will write 50 million won on this annual salary 100 million won to the son.” (hereinafter “the instant remarks”).

After that, as a result of the voting by 131 registered electors (1 chief director, 130 representatives) in the instant election, the Plaintiff obtained 70 votes and C obtained 60 votes (1 votes invalid), and the chairman of the election commission of the Defendant announced the Plaintiff as elected.

C. On December 14, 2015, C, the Defendant’s election commission, filed an objection on the ground that the instant remarks were in violation of the Community Credit Cooperatives Act, the Defendant’s articles of association, and the officer election regulations. On December 16, 2015, the election commission rendered a decision to invalidate the election of the Plaintiff with the consent of five members of the election management commission pursuant to Article 38(4) of the Executive Election Regulations.

[2] Article 22 (Restriction on Election Campaign for Executives) (2) No person shall engage in any of the following acts with intent to have him/herself or a specific person elected as an executive of a credit cooperative or not to be elected:

1. Offering, expressing an intention to offer, or promising to offer money, goods, entertainment, other property benefits, or a public or private job to a member or his/her family members;