2. B

2. The costs of the lawsuit are assessed against the defendant.

A. Status of the parties

On November 18, 1994, the defendant was a juristic person established for the rehabilitation self-reliance and welfare development of disabled persons, which was conducted on December 28, 2012, the 9th election for disabled persons (hereinafter referred to as the "election of this case"). The plaintiff A is the head of the E Disabled Association under the defendant, and the head of the F Election Countermeasures Headquarters, who is the head of the election of this case and the head of the F, who is the head of the election of this case, and the plaintiff B is the head of the G Disabled Association under the defendant who is the chief of the 6th

B. Progress of the instant election

1) In the instant election, D (No. 1) and F (No. 2) and H (No. 3), the visually impaired, were run for the instant election. However, around December 27, 2012, H decided to resign for the candidate unification with F, and around 16:18 of the same day, H decided to resign from the election commission of the Defendant (hereinafter “Election Commission”).

2) The right to take the instant election was composed of 65 members, who are the representatives of the Defendant and the representatives of each organization under the Defendant’s control. In particular, 11 of the aforementioned 65 representatives is the visually impaired. 3) The instant election was held from the 10th floor conference room of the Busan Metropolitan City Water Supply and Waterworks Headquarters from December 28, 2012 to 15:00 on the same day, and all 65 representatives were voting to D, and 32 marks, 30 marks, 30 marks, 30 marks, and 3 marks, which were put to resign, were put to the invalidation. Accordingly, the Defendant decided D, which received 32 marks under the majority vote, as the elected person of the Defendant (hereinafter “the instant election decision”).

4) However, the election commission only posted a notice informing the resignation of the H candidate on one side at the entrance of the voting place on the election day, and did not take a separate measure such as informing the visually impaired representatives of the resignation of the H candidate, which is a method directly recognizable by the visually impaired representatives, and putting a column for recording the H candidate on the voting aid provided for the visually disabled. The Defendant’s major contents of the Defendant’s Rules on Election Management of the Chairperson’s Election Regulations for the Election Management of the Chairperson are as follows.

[Rules for Election Management of Chairperson] Article 12 (Public Notice of Candidate Registration, etc.) of the candidate for Chapter IV (Public Notice of Candidate Registration, etc.) shall be publicly announced on the bulletin board of the election commission when the candidate registers, resigns

Article 17 (Election Campaign Bulletins)

(1) A candidate may prepare an election campaign bulletin in braille or implied form and distribute it to electors.

Article 20 (Ballot Papers)

(1) A ballot paper may be filled with a braille and an silence, and it shall be prepared in attached Form 12, and the status of printing the ballot paper and other matters concerning the preparation of the ballot paper in attached Form 13 shall be entered in the ballot paper preparation and management record in attached Form 13.

(2) The chairperson of an election commission shall verify whether the ballot paper is abnormal in the number of ballot papers, official seal, serial number, or other printed state, put the ballot paper in a solid container, such as ballot boxes, and keep the ballot paper in a safe container by all members of the election commission after closing and sealing the locks: Provided, That if a member refuses to seal, without good cause, he/she shall be deemed to have waived his/her authority to seal the locks until the beginning of voting: Provided, That if the elector (such as signs, etc. of persons entering the polling station) of Article 23 is visually disabled persons of Grades 1 through 2, he/she may accompany him

Article 28 (Invalid Votes) Any of the following votes shall be null and void:

6. Where other matters than the mark "0" are entered or the marks other than the column of a candidate are added. Article 34 (Invalidation of Election)

(1) Where the elected person is confirmed to fall under any of the following subparagraphs before his/her term of office begins, the elected person shall immediately make a decision that his/her election becomes nullified:

2. The candidate is found not to have been registered by the deadline for candidate registration under Article 21 (2) of the Articles of Incorporation;

3. Where it is found that the deposit money specified in Article 13 (1) of the Rules has not been paid;

4.If it is found that each kind of documentary evidence to be submitted on the election tickets has been omitted even after the commencement of the term of office, the election commission shall, without delay, determine that the election has been invalidated, if the elected person has committed an act of election falling under any of the following subparagraphs even after the commencement of the term of office:

1. Where it is confirmed that a candidate has offered, expressed an intention to offer, or promised to offer money, goods, transportation, entertainment, other property benefits, or the post of an organization related to him/her, to the elector or witness for investment or ballot counting for the purpose of getting him/her to be elected, or not to be elected, or having another person cast a vote for, or not to have another person cast a vote for, the elector: Provided, That the act falling under any of the following subparagraphs as a courtesy or on duty shall not be deemed a contribution act, notwithstanding

The act of offering congratulatory money or goods within the limit of the ordinary amount at a place where a ceremony of coming-of-age, marriage, funeral and funeral is held.

Act of providing teas, beverages, or meals to the electors within the ordinary limits, or other courtesy or official acts, which are provided to the electors within the ordinary limits.

2. Facts that a candidate wishes to be a candidate for the purpose of preventing the candidate from being a candidate for the chairperson or getting the candidate to resign, or that an act provided for in subparagraph 1 has been confirmed as having been committed against the other candidate [based on recognition], entries and shapes of evidence A, evidence A, evidence B, and evidence B (including each number in the case of provisional number), evidence I, witness I testimony, and the result of each inspection conducted by this court, the purport of the whole pleadings;

2. Determination as to the cause of action

A. The parties' assertion

1) The plaintiffs' assertion

The Plaintiffs asserted that the instant decision of winning the election is null and void by asserting the following reasons:

A) Existence of a serious defect in the instant election procedure

The following defects in the election procedure infringed all representatives, especially visually impaired representatives' right to vote, and affected the result of the election of this case.

(1) The election commission did not notify the visually impaired representatives of the fact of resignation of H by telephone, voice-type message transmission, guidance broadcast, etc., and the notice of resignation of H is also expressed only by implied, and did not take measures to prevent invalidation, such as marking on the column of the H candidate in the ballot paper or producing new ballot paper.

② Article 23 of the Defendant’s Election Management Rules provides that “If an elector is a visually disabled person of Grade I and II, he/she may be accompanied by up to two balloting assistants nominated by him/her.” The election commission, despite that the visually disabled representatives should enter the balloting booth along with the balloting assistants and make them cast a vote, the commission failed to accompany him/her with the voting assistants.

(3) Even if the visually impaired representatives use voting aids at the time of voting, there are ballot papers and voting aids in violation of each other, the Election Commission has failed to set up fixed devices, such as a cooling, so that voting aids can be accurately satisfied with the ballot papers and voting aids.

B. The purchase by the holder of the right

When the representative J, who is the one holding the right to vote in the election of this case, stated the false fact that D, "D, to remove the K which had been the defendant's vice-chairperson," obtained a judgment (in the area of origin, method of origin, 2012 high-level 488), as a crime of defamation, D requested D to affix itself to J for the election of this case as a result of withdrawal of the complaint, and D after receiving the withdrawal of the complaint. This constitutes grounds for invalidation of the election of the defendant under Article 34 (2) 1 of the Rules on Election Management.

2) The defendant's assertion

In this regard, the defendant is justifiable to prohibit voting assistants from entering the balloting booth because ① the election commission has a method of posting a public notice in front of the polling booth on the election day pursuant to Article 12 of the Election Management Rules, or vice versa accompanying visually impaired persons, and ② the ballot assistants enter the balloting booth along with visually impaired representatives, etc. are in violation of the principle of confidentiality of voting, and thus, it is impossible to prohibit voting assistants from entering the balloting booth. ③ Since voting aids and ballot papers used in the election of this case were cut to the last part of each site, there is no error in the election procedure, such as there is no possibility for visually impaired representatives to mislead the voting.

Furthermore, in light of the fact that the candidate H or F and the visually impaired representatives on the day before the instant election day and the day, telephone conversations between the visually impaired representatives, or between the visually impaired representatives, and that F and H were subject to collective competition with D, and that the visually impaired candidates and the visually impaired representatives were gathered by informing the visually impaired representatives of the resignation of the candidate, and that this seal affixed on the 3 table that the seal affixed on the 3 table in the letter box box was exactly marked on the H candidate’s column, it cannot be deemed that the visually impaired representatives were voting, and therefore, the election commission did not necessarily have any influence on the election result by telephone, message transmission in voice form, or information broadcast, etc. In addition, it did not affect the Plaintiff’s assertion that the withdrawal of the complaint was difficult, and that the seal affixed on the 3 table was exactly marked on the H candidate’s column.

B. Determination

1) Relevant legal principles

If there is a reason in violation of the Acts and subordinate statutes, etc. in the election procedure, the election is not invalidated merely because it does not constitute a violation of the relevant Acts and subordinate statutes, and only if it is deemed that the freedom and fairness of the election, which is the basic ideology of the election, has been substantially infringed by the free decision of electors due to the reason in violation of the said Acts and subordinate statutes, and that the election and the decision on the elected person based on the election have influenced the result of the election, is invalid (see, e.g., Supreme Court Decisions 2009Da10258, Jul. 15, 2010; 2003Da11837, Dec. 26, 2003

2) Determination as to the violation of the duty of disclosure of candidate resignation

(4) As seen earlier, the election commission recognizes the fact that the visually impaired representatives were not sent the message in the form of telephone or voice, which is a method by which the visually impaired representatives can directly become aware after H's resignation, and the following circumstances are acknowledged according to the results of each verification and the purport of the entire pleadings by this court, namely, ① since 11 representatives are visually disabled at approximately 17% out of 65 persons holding the right to vote in this case, the election commission should ensure sufficient opportunity for visually disabled persons to obtain information on the election and take measures to ensure real exercise of the right to vote. ② In particular, the fact that H candidates who can be seen as representing the visually disabled have resigned from the election day before the election, and that such information (the above fact) would have a significant impact on the outcome of the election of this case, and that such information would not have been given to the blind representatives in the form of public announcement in the form of election regulations, even if the blind representatives were not given a new opportunity to post the ballot paper on the ballot paper or to make new public announcement in the form of election regulations.

3) Whether the result of the instant election had influenced

Furthermore, the above defects were examined as to whether they influenced the result of the instant election, and the fact inquiry conducted by this court, and the results of each verification and the overall purport of the pleading as follows. i.e., in the situation where the resignation of H was not sufficiently notified to the visually impaired representatives, i.e., voting aid or ballot paper provided to the visually impaired representatives, i.e., the three marks that were put in the H candidate column and invalid and invalid cannot be ruled out without knowing the resignation of H, and ii) the possibility that the visually impaired representatives supported H were put in the above candidate column without knowing the resignation, i.e., the possibility that the visually impaired representatives were put in the H or F candidates and the visually impaired representatives L.B.N., the visually impaired representatives and P.N., N. and MO, P. P. P. and Q. and Q.D., and the possibility that the visually impaired representatives and the H were not aware of the resignation of the fact.

D 32 marks, F obtained 30 marks, and D was elected as the chairperson of the defendant due to the difference between the two marks in the election of this case, which is the one obtained by the majority vote system, and D was elected as the chairperson of the defendant. In full view of the circumstances acknowledged above, it is sufficient to deem that the three marks voting to H candidates have affected the result of the election of this case. Unless there are special circumstances, the above procedural defect considerably infringes on the freedom and fairness of the election, which is the basic ideology of the election, by interfering with the free decision of the visually impaired representatives, and thereby affected the result of the election of this case.

C. Sub-committee

Therefore, the decision of the election of this case is null and void, and as long as the defendant deals with it, the plaintiff has a benefit to seek confirmation of invalidation.

(However, as seen earlier, the election commission failed to give sufficient notice of the resignation of H to the visually disabled representatives by means of telephone, voice-type message transmission, information broadcast, etc., constitutes grounds for invalidation of election, and the remaining arguments of the Plaintiff are not determined.)

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

Judges Lee Hong-hoon

Judge Powers Governing Authority