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(영문) 서울중앙지방법원 2017.06.30 2015가합578987

당선결정 무효 확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is a corporation established pursuant to Article 41 of the D Act in order to efficiently perform duties concerning the improvement and operation of the systems concerning D’s quality improvement, maintenance of dignity, and brokerage business. The Defendant has a total of 19 sub-branches, such as Seoul Northernbu, Seoul Southernbu, Gyeonggibukbu, and Gyeongginambu. 2) The Plaintiff was the Defendant (representative director) who was the chairperson of the 10th presidential re-election on January 14, 2013 and retired from office until January 14, 2016 after the Plaintiff was elected at the 10th presidential re-election.

B. On October 23, 2015, the Defendant’s election of the 11st president (hereinafter “instant election”) is deemed to be the instant election.

(2) On November 25, 2015, the Plaintiff 7,378 votes, E, E 6,050 votes, and Defendant 7,785 votes, respectively, in the instant election, which was implemented on November 25, 2015, as a result of November 25, 2015. < Amended by Act No. 1378, Nov. 25, 2015; Act No. 21,292 votes among 52,446 voting members.

3) The chairman of the Defendant’s National Election Commission (hereinafter “Election Commission”) is the only one.

A) On November 26, 2015, C determined C as the 11st Chairperson, and C was appointed as the Chairperson on January 15, 2016. (c) Article 4 (Voting Right) of the Local Rules related to Election (Rules on Appointment of Executive Officers) (1) Article 4 (Election Right) of the Local Election Act is a regular member registered with the Association at least 30 days before the date of public announcement of election and has the right to vote for a person who has subscribed to mutual aid association as of the date of public announcement of election and has paid a regular meeting fee for at least two months within one year. (2) Detailed matters concerning the payment of membership fee shall be prescribed by the guidelines. (2) Article 12 (Restriction on Election Campaign (1) is limited to election campaign candidates and election campaign members registered with the election commission, and detailed matters concerning the establishment of election campaign directors and election campaign members shall

(2) No election campaign falling under any of the following subparagraphs shall be carried out at the time of an election campaign under paragraph (1):

1. Materials related to an election, and election campaigns;