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(영문) 광주지방법원 2016.04.28 2015가합55993

대의원 및 부이사장 당선 무효 확인의 소

Text

1. The Defendant’s Defendant’s Intervenor M in the 9th president and representative election held by the Defendant on April 3, 2013.

Reasons

1. Basic facts

A. The Plaintiffs and the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) are the Defendant’s members, and the election commission affiliated with the Defendant registered as a representative candidate of the 9th president and the representative election (hereinafter “instant election”) that was held on April 3, 2013 by the Defendant-affiliated election commission.

B. As a result of the instant election, 1,095 voters were elected from among 2,159 voters. Of the valid votes 1,080 votes, the Intervenor obtained the most votes from 123 votes, and the Plaintiff obtained the most votes from 74 votes, and thereafter, the rest of the Plaintiffs obtained 29 to 62 votes.

On April 5, 2013, the election commission affiliated with the defendant was elected as the representative of 19 members including the plaintiffs and intervenors among 28 representative candidates on April 5, 2013, and notified that the intervenor who received the highest number of votes among the elected representatives was elected as the chief director of the Association pursuant to Article 50 (4) of the defendant's election regulations.

C. The parts related to the instant case among subparagraph 2 of the Defendant’s “articles of incorporation”, “Rules on Election of President and Representatives” (hereinafter “Election Regulations”), and “written memorandums” which are submitted by a person who intends to run for election of representatives are as follows.

Article 16 (Representatives)

1.The delegates shall be elected from twenty persons;

Article 24 (Outboard)

3. The candidate for the chief director shall not be a representative candidate, and the elected chief director shall be qualified as a representative.

Article 25 (Restriction on Election Campaign) No person shall engage in any act other than the following, in order to prevent a specific person from being elected or not to be elected:

3. A coffee may be provided during an election period or even after an election is held.

Article 50 (Person elected as Representative)

4. One person who has the highest effective vote from among the elected representatives shall be the vice-chief director;

Article 52 (Invalidation of Election)

1.In the event of a violation of this provision, the election shall be invalidated even if the election is held.

Each of the above persons shall be the chairman of the L Association.