As of December 1, 2002, the defendant confirmed that the decision that the co-defendant of the first instance court was the elected person of the second defendant president is invalid.

2. The plaintiff's remaining appeal is dismissed.

3. The total cost of a lawsuit shall be three minutes, which shall be borne by the plaintiff, and the remainder by the defendant.

A. Facts of recognition

The following facts are not disputed between the parties, or they can be acknowledged in full view of the whole purport of the pleadings in the descriptions of Gap evidence 1 through Gap evidence 5, Gap evidence 13, and Eul evidence 2, and there is no counter-proof.

(1) The defendant is a national university, a national university, an organization affiliated with the Korean National Federation of Students, and the plaintiff is a member of the defendant.

(2) As the term of office of the chairman expires on January 31, 2003, the Defendant Election Commission announced the election of the chairman on December 1, 2002, and on November 4, 2002, it publicly announced it on the bulletin board of the Si/Gun student association and university in the Si/Gun and the Gyeongnam area and on the Internet homepage of the Defendant.

(3) In the above election announcement, the Defendant Election Commission required the registration of the candidate qualification for the head of the regional group of students at least four consecutive semesters as of the date of the public announcement of the election, and completed at least 40 credits, which was required to be a person whose average point is at least 1.7, but deleted the provision of deliberation points from among the public announcement of the above qualification qualification only on the Internet homepage.

(4) Meanwhile, the Higher Education Act and the Enforcement Decree thereof provide that the school regulations stipulate matters concerning the autonomy of students, such as the student council (Article 12 of the Act and Article 4(1)10 of the Enforcement Decree). Accordingly, the school regulations of the Korea National Open University provide that the average of the credits that have been completed during the qualification requirements for the president of the total school and the president of the local school shall be at least 1.7. The rules of the Korea National Open University School provide that the rules of the Korea National Open University School shall, in principle, be registered for at least 3 years in order to run for the principal of the local school, and the acquisition and recognition credits shall be at least 71 credits, and the average of the credits earned shall be at least 1.7 credits. However, with respect to the methods of election and eligibility for the principal of the local school, the rules of the local school council shall be applied preferentially to the matters concerning the election of the principal of the school, and 3. The rules of the defendant Association and the election regulations of the local council shall be a person who has at least 40 years experience or more.

(5) In accordance with the above public notice, the Plaintiff’s 37 votes and the co-defendants in the first instance court’s co-defendants in the Defendant’s election conducted on December 1, 2002 were elected as the president. The average of the credits earned by co-defendants in the first instance court’s co-defendants is less than 1.7.

(b) Markets:

According to the Higher Education Act and the Enforcement Decree thereof, the school regulations of the Korea Broadcasting University provide that the school regulations of the Korea Broadcasting University shall be established to regulate the activities of the school councils of the above universities, which restrict all school authorities and school personnel. Since the above school regulations provide that the average of the credits which have been completed during the qualification requirements for the president and the president of the regional university shall be 1.7 merchants, this is the minimum requirement to serve as the principal of the school. Therefore, the Korean Broadcasting University Regulations of the Korea Broadcasting University may strengthen the above requirements, but may not mitigate the above requirements. Thus, the regulations of the Korea Broadcasting University of Korea provide that the average of the credits which have been completed during the qualification requirements for the chairman of the regional university shall take precedence over the election of the president, while the regulations of the regional school regulations and the election regulations of the National Broadcasting University stipulate that the average of the credits which have been completed at least 1.7 out of the qualifications for the chairman of the above regional school regulations shall not be referred to as the average of the qualifications for the chairman of the above regional school regulations (at least seven out of the qualifications for the chairman of the above regional school regulations.

However, since the co-defendants of the first instance court elected by the defendant president on December 1, 2002 fall short of 1.7 average points of the credits earned during his school days, the decision that the defendant decided the co-defendants of the first instance court as the elected person of the president of the second instance court is null and void, and the defendant is dissatisfied with this, there is a benefit of confirmation.

2. Determination on the plaintiff's claim for confirmation of the elected person

A. The plaintiff's assertion

When the defendant finds a candidate ineligible for election at the time of the election of the chairperson of the defendant, the defendant shall invalidate the registration, and when the registration becomes null and void and the candidate becomes one, he shall determine the elected person without voting. While the plaintiff and the co-defendants of the first instance court were run in the above election, the decision that the co-defendants of the first instance court was made as the elected person is null and void.

(b) Markets:

According to the evidence No. 4, if the defendant finds that he is ineligible for election as a candidate for the election of the chairperson, the defendant's election execution rule shall invalidate the registration and notify the candidate without delay with the reason therefor specified (Article 5 and Article 14). If only one person registers by the closing date of the registration of the candidate for the defendant, the voting shall not be held and the voting shall not be held as the elected person if the registration becomes invalid, such as resignation, and if the candidate becomes one because the registration becomes invalid by the closing date of the registration of the candidate, the voting shall not be held as the elected person (the decision on the elected person, Chapter 10 and Article 42).

However, the purport of the above provision is to find a candidate who is ineligible for election from among the candidates by the day immediately before the election day, invalidate the registration, and then determine the candidate as the elected person without voting at the time only one person registers by the registration day, as in this case, the co-defendant of the first instance court did not receive notification from the defendant that he is ineligible for election as a candidate, and the plaintiff and the co-defendant of the first instance court are not eligible for election as a candidate. Rather, according to the statement of the evidence No. 4, if the defendant's decision on the elected person was rendered for the reason that the decision on the elected person was illegal, the decision on the election of the defendant must be again made (the re-decision on the elected person of Article

3. Conclusion

The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed for lack of reasonable grounds. Since the part against the plaintiff falling under the cited part of the court of first instance, which has different conclusions, is unfair, part of the plaintiff's appeal is accepted, and the defendant's decision that the co-defendant of the court of first instance was made as the elected person by the chairman of the court of second instance, the decision that the co-defendant of the court of second instance was invalid, and the remaining appeal

Judges Park Jong-dae (Presiding Judge)