국민투표 등 무효 확인
1. All lawsuits filed by the Plaintiff (Appointed) against the chairman of the National Election Commission and the Defendant Constitutional Court.
1. The reasoning of the court’s explanation concerning this case is as follows, except for the modification of the pertinent part of the judgment of the first instance as to this case as follows 2. Thus, it is identical to the reasoning of the judgment of the first instance (including “related Acts and subordinate statutes,” but excluding the part “4. conclusion”). Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure
2. The Constitutional Court of Korea shall turn "the defendant's Constitutional Court" into "the defendant's Constitutional Court".
The "National Election Commission" of the 2nd 10-11 is the "National Election Commission".
Under the second two pages, “Defendant’s literary person” in the first instance judgment, including “Defendant’s literary person”, shall be respectively dismissed as “Defendant’s President’s literary person.”
2 Under the two sides, the designated parties shall add to the right side the following:
【The Defendant Constitutional Court confirmed that the instant decision made on March 10, 2017 by the Defendant Constitutional Court was null and void, and confirmed that Park Jong-young had the authority of the President for the remaining term after the presidential dismissal decision made on March 10, 2017. The Defendant National Election Commission’s “Defendant National Election Commission” in the second below is deemed to be the “Defendant National Election Commission Chairperson”.
It shall be deleted from 3 pages up to 4 in the last place.
The following shall be added under the fourth sentence below in the text of the fifth:
A person shall be appointed.
C. The consolidation of related claims under Articles 38 and 10 of the Administrative Litigation Act with respect to a claim for confirmation of nullity of the decision of this case requires that the original appeal litigation be lawful, and thus, if an appeal litigation is dismissed on the ground that it is unlawful, the relevant claims joined therein should also be dismissed as not having satisfied the requirements for the lawsuit.
(see, e.g., Supreme Court Decisions 2000Du697, Nov. 27, 2001; 2009Du10963, Sept. 29, 201). The Plaintiff seeks confirmation of invalidity of the instant decision against the Defendant Constitutional Court.