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(영문) 서울남부지방법원 2015.01.23 2014가합7996

사전선거운동에 따른 당선무효

Text

1. It is confirmed that the Defendant’s election at the election of May 31, 2014, as the Chairperson, D, and E, is invalid.

Reasons

1. Basic facts

A. C on July 16, 201, the Defendant’s 10th president was appointed.

B. The Plaintiff was a candidate for the Defendant’s election of the Chairperson on May 31, 2014 (hereinafter “instant election”), but failed to register as a candidate on the ground that there was grounds for disqualification, and C was a single candidate for the instant election while maintaining the president’s position.

C. 1) At the time of the instant election, 48 of the members of the Defendant’s general assembly, including C, were present at the time of the instant election, and the Chairperson of the Election Management Committee explained that the election is needed even in the case of a single candidate under the Election Management Regulations, and explained that E is in the form of a large number, a large number of votes, a large number of votes, and a large number of votes. 2) Accordingly, Article 12 of the Election Management Regulations provides that “Article 12 of the Election Management Regulations is a large number of persons, and only one candidate is appointed as the Chairperson, and only one person is appointed as the Chairperson.”

Some of the defendant representatives asked the participants to agree to the E's opinion, and the representative declared that C was elected as the 11st chairman of the defendant's 11th chairman, and the election procedure for the president was terminated because the representatives again boom.

3) After that, F declared that D and E were recommended as a candidate for audit and inspection, and that D and E were elected as auditor as a candidate for audit and inspection. D. The main contents of the Defendant’s Articles of Incorporation and Election Management Regulations related to the instant election are as follows: Article 6 (Officers’s Federation as amended on April 28, 2012) of the Defendant’s Articles of Incorporation (amended on April 28, 2012)

1. President: One person;

2. Vice-chairpersons: Not more than eight persons;

4. Auditors: Two chairpersons (Election of Officers) of Article 7 (Election of Officers) and the auditors shall be elected at a general meeting;

Directors shall be commissioned by the chairperson from among licensed administrative agents with the approval of a general meeting.

The vice-chairperson shall consent of the board of directors and the general meeting from among the licensed administrative agents on the recommendation of the chairperson.