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(영문) 대법원 2020.11.12 2018수5025

선거무효

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts do not conflict between the Parties:

In the D election of B Superintendent of the Office of Education (hereinafter referred to as the “instant election”), E candidate was decided as elected person by 522,892 votes, F candidate 1,026,135 votes, G candidate 1,374,952 votes, Plaintiff 534,851 votes, H candidate 2,385,410 votes, and H candidate 2,385,410 votes.

B. On June 25, 2018, the Plaintiff filed a petition against the Defendant for election with the National Election Commission.

On August 20, 2018, the National Election Commission decided to dismiss the plaintiff's petition on election.

C. On August 24, 2018, the Plaintiff served a written decision on dismissal of a petition filed by the National Election Commission, and filed the instant lawsuit on September 3, 2018.

2. The plaintiff asserts that the election of this case is invalid for the following reasons. A.

The instant election is in violation of the provisions regarding the election as follows.

1) G submitted a forged certificate of employment with a document certifying educational career when registering a preliminary candidate or registering a candidate. G concurrently held office as an associate professor at I University (from March 31, 2015 to April 2, 2018), while G concurrently held office as a full-time J Research Institute Head (from March 31, 2015 to September 15, 2017). Since it cannot be recognized as an educational experience prescribed in Article 24(2) of the Education Autonomy Act, G could not be qualified as a candidate for the Superintendent of the Office of Education. Moreover, G conducted an election campaign publishing such false career. (2) Nevertheless, the Defendant did not examine whether G was forged with a certificate of employment submitted by G and whether G actually violated Article 49(8) of the Local Education Autonomy Act and Article 60-2(3) of the Public Official Election Act and Article 50-2(1)2 of the Public Official Election Act (hereinafter “Education Autonomy Act”).

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