beta
(영문) 대법원 2016.07.27 2012수42

국회의원선거무효확인의소

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The purpose of the instant lawsuit is to seek invalidation of the election of National Assembly members in the 19th Busan City CB, which was implemented on April 11, 2012.

However, the term of office of the 19th National Assembly member in the above election was expired on May 29, 2016. In the 19th National Assembly member's 20th National Assembly member's 30th National Assembly member's 20th National Assembly member's 3th National Assembly member's 3th National Assembly member's 20th National Assembly member's 30th National Assembly member's 30th National Assembly member's 20th National Assembly member's 30th National Assembly member's 30th National Assembly member's 19th National Assembly member's 30th National Assembly member's 30th

If there is no factual basis, the plaintiff had no legal interest in seeking the invalidation of the election for the National Assembly member in the 19th Busan Busan City CB, which was conducted on April 11, 2012, and therefore, the lawsuit in this case is inappropriate without the need to determine on the merits, and thus, it should be dismissed.

(See Supreme Court Decisions 79Ra1 Decided December 23, 1980, and 201Da14 Decided June 28, 2012, etc.). Therefore, the instant lawsuit is dismissed, and litigation costs are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.