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(영문) 제주지방법원 2016.10.06 2016가합10724

선거무효확인

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1. We affirm that the Defendant’s election on February 5, 2016 was invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The defendant is an organization consisting of residents residing in the Jeju-si Bri, and the plaintiff is a member of the defendant, who runs for the following election.

B. On December 9, 2015, the chairman of the Defendant Election Commission published a dual election campaign with the following contents at the expiration of the term of validity of this Chapter, and the Plaintiff and C were candidate.

1. On the election day of this Chapter: From December 9, 2015, the date on which the candidate registration for admission is received on December 20, 2015: From December 9, 2015;

3. A deadline for the deadline of candidate registration for entry: up to 17:00 December 18, 2015.

4. A registry receipt office: The B Election Commission in each Ri;

5. A person who has been sentenced to imprisonment without prison labor or a heavier punishment and for whom three years have not passed since the execution of the sentence was terminated or the decision not to execute the sentence became definite, from among the heads of households residing in B as candidates, for at least ten years, and who has worked as a three development committee members for at least two years;

6. Documents required for candidate: One copy of resident registration and one application for registration.

7. Eligibility as an elector: A person who is 20 years of age or older residing in B accounting.

C. The Plaintiff asserted that the Defendant election commission did not reside in Bri and did not meet the eligibility for membership registration, and raised an objection against C’s candidate. The Defendant held an extraordinary general meeting on December 20, 2015, but failed to hold an election.

On December 31, 2015, the Defendant held an ordinary general meeting on December 31, 2015 to organize an emergency countermeasure committee and discussed the issues in the emergency countermeasure committee on the presidential election. On January 22, 2016, the Defendant held an extraordinary general meeting and elected D as the chairman of the emergency countermeasure committee, E, F, G, H, I, and J as the emergency countermeasure committee members.

E. On January 28, 2016, the Defendant Emergency Countermeasure Committee decided to organize an election commission consisting of E as the chairperson of the election management committee, F, H, and I as election management members.

F. On January 30, 2016, the Defendant Election Commission deliberated on the eligibility for candidate for a presidential election, and decided to allow candidate for the Plaintiff and C. On February 1, 2016, the following election is held.