beta
(영문) 광주지방법원 2019.11.01 2019가합54639

당선자지위확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is a non-corporate body consisting of workers who submitted an application for admission from among workers working at D University, and the plaintiffs are the members of the defendant.

B. On May 13, 2019, the Defendant’s election commission (hereinafter “election commission”) published the Defendant’s 12th Government Chairperson’s election (hereinafter “instant election”), the date and time of the election, and the registration of candidates, etc., of the Defendant’s 12th Government Chairperson. According to the above publication, Plaintiff A and E completed each candidate’s registration together with Plaintiff B.

C. On May 16, 2019, the Plaintiffs, E, and F agreed on the instant election (hereinafter “instant agreement”) under the supervision of the Chairperson of the Election Commission. The main contents are as follows.

A candidate registered in the election of the 12th executive chairperson of the Labor Union C in the agreement shall comply thoroughly with the regulations on the election management of the employee trade union and the decisions of the Labor Union Election Commission of the employee trade union (hereinafter referred to as the "Election Commission"), and agree to ensure that a fair election is held in accordance with democratic procedures:

5.In applying Article 179 of the Public Official Election Act, the invalid processing of ballot papers is as follows.

Those marked accurately with signs 1 and 2 shall be effective.

(b)if the regular ballot paper is not used, it shall be null and void;

(c)if no mark is put in any column, it shall be null and void;

(d) Where any marks are put over both columns or in both columns, they shall be null and void;

(e) Where it is impossible to distinguish any column in which the mark is put, it shall be null and void;

(f) Where a mark is not put, but a character or a shape of something else is drawn up, it shall be null and void;

(g)any entry other than the mark is null and void;

(h) Where the mark is put in with an aid other than such balloting aid as provided by the election commission, it shall be null and void.

(i) Determination on matters other than those mentioned above by deliberation by the first instance;

7. Where the number of votes cast is equal.

(a) A revoting shall be held only once;

(b)where in revoting the same number is available, from among candidates;