회장선거 무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) The Defendant is an organization established as a member of merchants who directly conduct business in a traditional market and shopping district pursuant to Article 65 of the Special Act on the Development of Traditional Markets and Shopping Districts. 2) The Plaintiff is the Defendant’s member, and C is also elected as the Defendant’s chairperson on October 16, 2019.
B. On October 2, 2019, the Defendant publicly announced the Defendant’s election of the president and registered candidates, etc. (hereinafter “instant election”)
(B) The notice was given that this case’s registration was made and that the notice was relevant to the following. The date of registration of candidates for election day: from October 4, 2019 to October 7, 2019, accompanying documents for registration of candidates (not later than 2:00 p.m.)
5. A copy of a criminal record response (issuance by the chief of a police station) - Restriction on eligibility for election (Article 6 of the Election Regulations) - Any of the following persons as of the public notice date of election shall not be eligible for election:
(1) (5) A person in whose case five years have not passed since his/her imprisonment without labor or greater punishment was completely executed.
(i) Election campaign period: The candidate public debate held on October 11, 2019 to 15 (not later than 6:00 a.m.): on October 11, 2019 (time and place notice) election day: October 16, 2019 (from 1:6:0 p.m. to 6:00 p.m.) C and D, who hold office as the chairman of the Defendant’s 7th election day, respectively, registered as a candidate for the instant election. 3) C had a record of being punished by a fine of KRW 3 million for fraud and embezzlement prior to about 21 years, but C and D did not issue a criminal record reply at the police station, and did not agree to submit a criminal record reply to each Defendant on October 4, 2019, and did not submit it.
In addition, the candidate's public debate was not implemented by agreement between C and D.
C. On October 16, 2019, the Defendant: (a) held the instant election on October 16, 2019; and (b) obtained C 128 marks and D 114 marks in total 242 marks as a result of the ballot counting of the said election.
Accordingly, the defendant shall set C according to the above ballot counting result.