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(영문) 서울중앙지방법원 2016.10.05 2016가합9921

대의원당선무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As a defendant’s member, the Plaintiff registered as a representative candidate of the 11st election district (hereinafter “instant election”), which was held on March 11, 2016 through March 15, 2016 by the election commission affiliated with the Defendant, as a candidate for the representative of the 11st election district (hereinafter “instant election”), which was held on March 25, 2016.

B. As a result of the instant election, Nonparty C and E obtained the greatest number of votes with 130 votes, and the Plaintiff obtained 128 votes.

Accordingly, the election commission under the defendant's jurisdiction announced C and E that it was elected as a representative.

C. The parts related to the instant case among the Defendant’s Articles of Incorporation and the Representative Election Regulations (hereinafter “Election Regulations”) are as follows.

[Article 13 (Representatives) The Association shall have not more than 150 representatives as stipulated by its bylaws.

Article 14 (Selection Method, etc. of Representatives) The representatives shall be elected by a direct election of members, and the election district, method of election, etc. shall be prescribed by the regulations of the Council.

[Election Provisions] Article 12 (Restriction on Election Campaign) (1) The period of election campaign shall be from the time the candidate is registered to the day before the election, and any election campaign shall not be carried out except for such period.

(2) Any candidate shall not carry out an election campaign falling under any of the following subparagraphs, and when he violates it, he may invalidate the registration of candidate and election in accordance with a decision of the National Election Commission:

3. An act of spreading printed matters of false fact which has not been verified, carrying out the seal or attack of the association or a specific person, or driving a signature or seal of the elector for an election campaign; and

4. Where any candidate violates the provisions of Article 14 (Disqualifications for Disqualifications under Article 5 of the Regulations and the provisions of restrictions on election campaigns under Article 12 (2) of the Act (Provided, That the expenses, limits, etc. shall be excluded herefrom), which are provided or received in connection with an election, shall be determined by the National Election Commission under Article 8.