[대통령선거무효확인][공1989,.7.1.(851),924]
The case holding that the invalidation of election does not constitute a ground for invalidation
The case where an illegal election campaign cannot be the cause of invalidation of an election immediately;
Article 134(1) of the Presidential Election Act
Plaintiff 1 et al., Counsel for the plaintiff-appellee and 24 others
National Election Commission Chairperson (Attorney Osung-hwan, Counsel for defendant)
April 20, 1989
The plaintiffs' claims are dismissed.
Litigation costs are assessed against the plaintiffs.
The presidential election made on December 16, 1987 confirms that it is void.
The judgment that the litigation costs should be borne by the defendant was sought.
1. In the presidential election executed on December 26, 1987, the fact that the candidate for the democratic election was elected as the President is no dispute between the parties concerned.
2. The plaintiffs asserted that the election fraud, with respect to the preparation of the electoral registry and the issuance of the voting notice slip, was extensively conducted on a nationwide scale, such as the manipulation of the electoral registry, double copying of the electoral registry, the omission of the electoral registry, the issuance of the electoral voting notice slip to residents abroad, the omission and manipulation of the electoral registry and the notification slip, and the omission of the voting notice slip issued by the head
3. The plaintiffs asserted that the electoral misconduct in the voting process, proxy voting misconduct, and double voting misconduct, each vote misconduct, each vote obstruction, each vote obstruction, each election commission's election management misconduct, each witness assaulting team, and each fair election monitoring team's assault pressure were widely conducted on a national scale. However, there is no evidence to acknowledge that the electoral misconduct was widely conducted on a national scale.
4. The plaintiffs asserted that the election fraud in the course of transportation of ballot boxes, such as the illegality of the Guro-gu Office's illegal ballot box and the removal illegal ballot box, the interference of the entry of ballot-counting witnesses, the illegality of ballot box sealing, the illegality of the ballot-counting box, the omission of the ballot-counting box, and the change of the ballot box in the ballot-counting process, etc., was extensively
5. The plaintiffs claim that the government and the private party mobilized public officials of various levels in the election campaign process and widely carried out an illegal election campaign on a national scale through an administrative organization. However, the testimony of 1-1 and 1-2-3 of the plaintiffs' alleged facts and 1-3 of the evidence No. 1-2 and evidence No. 1-3 cannot be recognized, and otherwise, the authenticity of the plaintiffs' alleged facts and 1-2, 3, and 2-1 to 4 of the evidence No. 1-2 is not recognized.
6. The plaintiffs asserted 270 cases when public officials et al. were engaged in illegal election campaigns for the election of the candidate for the election of the candidate for the election of the party for the party for the election of the party for the party for the party for the party for the election of the party for the party for the party for the party for the election of the party for the party for the party for the election of the party for the party for the party for the election of the party for the party for the party for the election, such as public officials, such as the Minister for National Unification, officers and employees of the State-owned enterprises such as the NAF, the company commander of the National Reserve Forces, the civil party members, and the head of the Tong/Ban, etc. were engaged in illegal election campaigns, such as making a speech to support the party for the party for the party for the party
(A) According to the testimony of Non-party 2, non-party 3, non-party 4, non-party 5, and non-party 6, the head of Dong Dong-dong, Seoul Special Metropolitan City made a campaign speech to request 30 or more civil party candidates on November 23, 1987 at Dobong-dong, Macheon-dong, Macheon-gu, the head of Dong-gu Reserve Forces sent a letter of communication to the company commander of Seongdong-gu, Seoul District Court on December 1, 1987 to report in writing the matters concerning the election campaign for the civil party candidates on every week to the company commander of the Korean Bar Association on December 1, 1987. The vice governor of Chungcheongnam-do, Chungcheongnam-do did not request the 98 civil police officers to take part in the election campaign at the meeting room of Chungcheongnam-do, Chungcheongnam-do, Do, and the 200,000 won residents of the Seocho-gu, Seoul Special Metropolitan City to support the 200,000 won election campaign.
(B) According to the testimony of Non-party 7, non-party 8, non-party 9, and non-party 10, the 12 passbook, non-party 8, who received money from the fire-fighting Dong office around December 11, 1987, divided them into 12 residents at the fire-fighting Dong office around December 11, 1987. The head of Silwon-si's office held that the non-party 9, who was the head of Silwon-si, Seoul 8 District Party 10, the 2 leader of Silwon-si, Non-party 10, who was the head of Silwon-si, was the non-party 8 District Party 10, who was the non-party 10, who was the non-party 10, who was the non-party 10, who was the non-party 15, who was the non-party 15, who was the non-party 15, was the witness's testimony for the above 10-party 105, although there was no other evidence.
7. Therefore, the plaintiffs' claims are dismissed, and the costs of lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Song Man-Ba (Presiding Justice)