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(영문) 서울서부지방법원 2015.10.15 2014가합10045

당선무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. An incorporated association B (hereinafter “B”) is an incorporated association with the aim of contributing to the promotion of rights and interests and the promotion of welfare of D and promoting friendship among its members, and the Defendant is a non-corporate association consisting of members residing in Seoul Special Metropolitan City among the members B.

B. On March 12, 2014, the Defendant: (a) held a president’s election (hereinafter “instant election”); (b) held the election as a candidate C and E; (c) obtained C’s 40 votes and E’ 39 votes as a result of voting; and (d) obtained C’s 1 votes as the president.

C. The Defendant’s term of office is four years, and the Defendant’s affiliate is 25 autonomous Gus of Seoul Special Metropolitan City. The Defendant’s president’s election is 80 persons including 25 branch presidents of each 25 branch presidents, 50 branch presidents of each 25 branch presidents of the site and 50 directors of the B central federation.

Of the regulations on the election and election management of the heads of levels B applied to the instant election (hereinafter referred to as the “election management regulations”), the matters related to the issues of the instant case are as follows:

(2) The election commission of each level shall publicly announce the election day ten days before the election day.

Article 16 (Registration of Candidates) (1) A member who intends to run as a candidate shall apply for registration to the Committee with the following documents within five days from the date of public announcement of election:

Article 19 (Public Notice of Candidate Registration, etc.) The Committee shall, when a candidate registers, resigns, dies, or becomes null and void, give public notice thereof without delay.

Article 20 [Definition, etc. of Election Campaign] (1) The term "election campaign" in this provision means an act for election campaign to be elected or to be or not to be elected.

However, simple statement of opinion on the election, expression of intention, candidate, and preparation for election campaign shall not be considered as an election campaign.

Article 21. The election campaign period and.