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(영문) 대법원 2018.07.12 2017수92

대통령선거무효

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All of the claims of the Plaintiff (Appointed Party) are dismissed.

The costs of lawsuit are assessed against the plaintiff (appointed parties) and the appointed parties.

Reasons

1. The following facts do not conflict between the Parties:

The presidential election of the Jeju National Assembly (hereinafter referred to as the “instant election”) was conducted C, and the F candidates belonging to E have obtained the largest number of votes and have been decided as the elected person.

B. The total number of votes in the instant election is 32,807,908. Of them, the valid vote is 32,672,175, and the invalid vote is 135,733.

C. F candidates obtained 13,423,80 of the effective mark, and 7,852,849 of the H candidates belonging to the next braille, respectively.

2. The Defendant asserted by the Plaintiff (Appointed Party) had replaced the voting place in the instant election, kept advance polling boxes in a way that is not prescribed in the Public Official Election Act, and violated the provisions regarding the management and execution of election affairs by using the electronic ballot counting machine illegally.

The defendant was wrong in managing and executing election affairs by not taking proper corrective measures against the violation of the Public Official Election Act by the National Assembly members who agreed to the F candidates, I representatives, and impeachment.

Press, prosecution, and candlelight meeting led to an illegal act in the election process, making it impossible for voters to vote freely, thereby significantly impeding the freedom and fairness of election.

Since the above act had influenced the result of the instant election, the election of this case is null and void.

3. Determination

A. An election lawsuit stipulated in Articles 222 and 224 of the Public Official Election Act refers to a lawsuit on an election, which is a collective act, which is in violation of the provisions on an election in a series of processes of election, and thereby refers to a lawsuit on the invalidation of all or part of an election, when it is deemed that the result of the election has influenced.

Here, the term "fact in violation of the provisions on election" refers to a case where the election commission, which is the subject of election management, basically violates the provisions on the management and execution of election affairs, and a candidate during election.