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(영문) 광주지방법원 2016.09.01 2016가합50612

선거무효확인 등

Text

1. It is confirmed that the 12th election held by the Defendant on January 15, 2016 is null and void.

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

Reasons

1. Basic facts

A. On January 5, 2016, E, the Defendant’s 11st chairperson, organized the National Election Commission (hereinafter “National Election Commission”) by commissioning H with the Chairperson in order to hold the Defendant’s 12th election (hereinafter “instant election”) and publicly announced it.

B. On January 5, 2016, the election commission publicly announced the election day, registration of candidate, etc., and the following day, the inspection of the electoral register, absentee report, and voting day on January 11, 2016:30 on the following day;

1. A public announcement was made on January 11, 2016, of the date and time (the voting was made from 08:0 to 09:00 on January 15, 2016; the ballot counting was made from 09:30 on the same day) and place of the ballot counting; and the chairperson, the person who is the candidate, and the place for paying taxes were publicly announced. (c) The Plaintiffs were candidates for marks 1 in the instant election, and E, F, and G (hereinafter referred to as “E, etc.”)

(C) On January 15, 2016, as a result of the ballot counting on January 15, 2016, the marks No. 25 were more obtained (number 324, number 5, number 145, number 2, number 170, number 4, number 170, number 2, number 4) and the number of members who participated in the absentee voting in the election of this case are 39, total number 39 (specific list 1 is as shown in attached Table 1).

2) The election commission did not make a list of reported absentees at the time of the instant election, and the place of absentee voting is the first office and the office of the headquarters association (hereinafter “office”).

However, in the process of absentee voting, the polling stations and ballot boxes were not separately installed in the office.

In addition, at the time of the absentee voting, there was no witness from the side of the candidates, and at the time of the ballot counting of the election of this case, the election commission conducted the ballot counting procedure by mixing the absentee ballot paper with the general ballot paper.

E. This case among the defendant's election management regulations.