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(영문) 청주지방법원 2017.10.13 2017가합200051

총학생회장 당선자 지위확인의 소

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1. The Defendant confirms that the Plaintiff is a person who won an election for the president of B University on November 24, 2016.

2...

Reasons

1. Basic facts

A. The National Election Commission under the Defendant’s National Election Commission (hereinafter “National Election Commission”) (hereinafter “National Election Commission”) registered the Plaintiff (No. 1), C (No. 2), and D (No. 3) as a candidate, on November 24, 2016, held an election of the president of the 50 General Students of the B University (hereinafter “instant election”).

B. After the completion of the voting of this case, the ballot counting of the president of the college of social science, which is proceeding simultaneously with the election of this case, was more than the number of voters signed on the electoral register by the social science university.

Accordingly, the National Election Commission decided that "if there is a difference between the number of electors and the number of voters, the relevant ballot box will be invalidated if there is a difference between 1% and the number of voters" before the ballot counting for the election of the president of the general school, the National Election Commission

C. As a result of the instant election ballot counting, the Plaintiff (No. 1) obtained 2,045 votes, C (No. 2) 1,947 votes, and D (No. 3) 1,969 votes, and the invalid votes were 203 votes.

After the ballot counting of the instant election, the National Election Commission has reported that the number of voters is higher than the number of voters at the social science university and art university, and there was a difference between the number of voters and ballot papers at the social science university and art university.

E, the president of the National Election Commission, proposed that “If the number of ballot papers exceeds the number of voters on the electoral register, it is an illegal election, and thus the result of the ballot counting is not recognized.” However, as the disturbance continues to exist due to the opposition of the Plaintiff et al., E declared that the election is invalid.

On November 25, 2016, the next day of the instant election, the National Election Commission (“National Election Commission” on the ground that “The art university has five voters to vote on the electoral registry, and the social science university confirmed that there are more than 15 voters to vote on the electoral registry, thereby causing suspicion of illegal election.”