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(영문) 수원지방법원 2020.08.19 2020가합13109

선거및당선무효등결정 무효확인

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1. The defendant's decision on January 19, 202 against the plaintiff on January 19, 202 (1) as to the invalidation of the election for the President of the 35th Sports Council on January 15, 2020, (2).

Reasons

Basic Facts

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 4, 14, 16, 17, 21, Eul evidence Nos. 1, 2, 3 and 7 (including each branch number; hereinafter the same shall apply)

The purport of the entire pleadings is that the defendant is a sub-chapter C under the National Sports Promotion Act.

On January 15, 2020, the Defendant held the 35th B Amateur election (hereinafter “instant election”), and as a result, the Plaintiff acquired 174 marks (39.49%), D 163 marks (36.96%) and E 104 marks (23.58%) from among the 441 marks of all valid votes, and elected as the president.

However, on January 17, 2020, D filed an objection against the instant election and the Plaintiff’s election with the Defendant’s election commission (hereinafter “election commission”).

Accordingly, on January 19, 2020, the election commission of the defendant decided the invalidation of the election against the plaintiff, the appointment and activity as an officer or employee of the plaintiff B Sports Association, and the invalidation of the election of this case for five years.

(hereinafter “Order 1, 2, and 3”).

The plaintiff's election invalidation - Grounds for invalidation of election against the plaintiff: The plaintiff received a warning from the Election Commission on January 11, 2020 by providing promotional materials for the portraits and received a corrective order on January 13, 2020 by operating a similar election office, etc. on January 14, 2020, the plaintiff published false text messages containing the contents such as "no similar election office was operated illegally," "election campaign by using the current F," "the other candidate indicates his status of the 112 election campaign name report after sending the 112 report," "(the creditor) surveillance," "the dissemination of any unilateral violation decision without disclosing a factual relation," "the election commission's biased," "the fact that the plaintiff sent a text message containing the contents such as "the simple and serious election opening of an election and pressure of an election commission," and it defames another candidate by openly pointing out facts, and thereby seriously undermines the fairness of election, and thereby seriously impairing the fairness of election.