선거관리위원회구성취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The grounds for this judgment by the court of first instance shall be the same as those for the judgment by the court of first instance, except where the judgment by this court is added in the following two paragraphs:
Therefore, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. The further determination of this Court
A. The Plaintiff’s assertion that the Defendant recognized the Plaintiff as a party and requested the court to impose an administrative fine on several occasions, as well as to notify the Plaintiff of the imposition of an administrative fine, is a wife that disregards the basic principles of consistency, fairness, and transparency in administration.
Moreover, the Plaintiff voluntarily passed a resolution on the reappointment and was effectively managing election affairs at the time of December 2015.
B. Determination 1) Article 50-2 of the former Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 25320, Apr. 24, 2014) provides that an election commission shall autonomously organize the chairperson of the council of occupants' representatives, auditors, and representatives from each Dong to elect them in a democratic and fair manner; specific persons, such as representatives from each Dong, are disqualified persons; and matters concerning the organization, operation, duties, dismissal, term of office, etc. of the election commission shall be determined by the management rules; and matters not prescribed by this Decree and the management rules shall be determined by the regulations of the election commission. Article 34 of the Management Rules of the Gangnamnam High Complex shall provide that the members of the election commission that consists of the autonomous committee pursuant to Article 50-2 (2) of the said Enforcement Decree shall be commissioned by the chairperson of the council of occupants' representatives and not more than five but not more than nine members from among those recommended by the chairperson of the council of occupants' representatives, the senior council of women's representatives, and if the committee is not organized, the head of Si/Gun/Gun/Gu
section 35.