2. Summary of the plaintiff's assertion

On November 4, 192, Nonparty 1, who was recommended by the National Assembly member, among the candidates for the above election, was sentenced to a suspended sentence of three years on November 1, 1992 by imprisonment with prison labor for the crime of forging private documents, etc., and the sentence was finalized on September 10, 1993, and thus, during the suspended sentence period as of the election day of this case, the defendant, even though he did not have the eligibility for election, committed an unlawful act in the management and execution of the election affairs handled as valid for Nonparty 1, and if the defendant discovered the fact that he was disqualified for election of Nonparty 1 before the election day and invalidated the registration and withdrawn the measures to publicly announce it, the long-term list recommended by the National Assembly member, recommended by the National Assembly member, and the plaintiff was integrated as a candidate for the above election, and if so, the plaintiff was found to have had an influence on the election of the plaintiff, who was the one who was the one who was the one who was the one who was the one who was the one who was the one of the National Assembly member of the election, and the one who was the one of the above.

3. Judgment of party members

According to subparagraphs 2 and 49 (7) of Article 19 of the Act on the Election of Public Officials and the Prevention of Unlawful Election (hereinafter referred to as the “Act”), a candidate who was sentenced to imprisonment without prison labor or heavier punishment as of the election day and whose punishment is not invalidated shall be accepted, and the competent election commission shall, if evidentiary documents on the candidate’s eligibility for election are not attached to the candidate’s application for registration, investigate the facts, and Articles 52 (1) 1, 52 (3), and 55 of the Act are found to be ineligible for election after the candidate’s registration is completed, the candidate’s registration shall be invalidated. In this case, the competent election commission shall, without delay, notify the candidate and the head of the Si/Eup/Myeon having jurisdiction over the candidate’s permanent domicile and the head of the Eup/Myeon having jurisdiction over the election district concerned of the fact that the candidate’s eligibility for election could not be found to have been declared invalid, and according to Article 20 (3) of the Rules on the Election of Public Officials, it shall be found that the candidate’s permanent domicile and evidence 1 to be found to exist.

However, Article 224 of the Act provides that even when there is a fact in contravention of the provisions concerning an election in an election litigation, the whole or part of the election shall be ruled invalid only when it is deemed that the result of the election had influenced the result of the election. Here, the term "when deemed that the result of the election had influenced the result of the election" refers to the case where it is recognized that if there was no violation of the provisions concerning the election, the result of the election would have caused any other result as to the result of the election, i.e., the fact that there was the result of the election in reality, and therefore, whether the defendant's above

First, as alleged by the plaintiff, the plaintiff could receive intensive support from the right holder if the defendant found the non-party 1's eligibility for election before the election day and withdrawn the measure to invalidate his registration. However, the defendant's error that caused the distribution of the right holder's marks as a single candidate, or that the petition recommended by the new Korean party to this case was made using the non-party 1's non-party 1's disqualified status for election, it is not sufficient to accept it only with the witness's testimony, and there is no other sufficient evidence to acknowledge the above argument. In addition, even if all the number of non-party 1's votes are added to the plaintiff's votes as seen in the final votes of the candidates of this case, the plaintiff's number of votes obtained is less than 662's votes or below 662's votes, barring special circumstances, it cannot be said that the defendant's above error of management and execution of this case's election did not affect the result of the election of this case.

In addition, the plaintiff's assertion that the non-party 1's votes influenced the distribution of national seats cannot be asserted as grounds for invalidation of the election of the National Assembly member in a local constituency, regardless of the fact that the decision on the national elected person can be a ground for invalidation of the election.

Ultimately, the Plaintiff’s assertion seeking invalidation of the instant election cannot be accepted for the foregoing reasons.

4. Therefore, the plaintiff's claim of this case is dismissed without any reason, and the costs of lawsuit are assessed against the losing plaintiff. It is so decided as per Disposition with the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)