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(영문) 수원지방법원 2018.10.17 2018가합15140
선거무효확인
Text

1. Ascertainment that the Defendant’s election of the third-third Dental Association Chairperson, which was held on January 19, 2018, is invalid.

2...

Reasons

Facts of recognition

The defendant was an organization established in accordance with the articles of association of the Korea Dental Association in accordance with Article 5.

Defendant C’s resignation on November 20, 2017, and on November 20, 2017, the Defendant Election Commission (hereinafter “Defendant Election Commission”) publicly announced on November 29, 2017 that a 33rd president’s special election, which selects Defendant C’s Chairperson and Vice-Chairperson’s Vice-Chairperson (hereinafter “instant election”), will be held on January 19, 2018.

The instant election was registered as a joint candidate by the Plaintiff, Vice-Chairperson E, and No. 2, No. 1, the Plaintiff, Vice-Chairperson F, and No. 3, the Chairperson G, and Vice-Chairperson Candidate H (hereinafter referred to as “the same method as “the candidate”; hereinafter the same shall apply) on which the instant election was registered as a joint candidate.

1) On January 5, 2018, Defendant Line notified the candidates No. 2 of the order of correction, including the public official and director, on the ground that the advertisement of the election campaign using dental technicians constitutes an illegal election campaign, and notified the candidates that they would make a decision of invalidation of election at the time of the recurrence of illegal election, and notified the same purport on January 10, 2018. (2) Defendant Line again notified Defendant Line 2 of the decision of invalidation of election on the ground that Defendant Line did not implement the measures in accordance with the above notification against the candidates No. 2 on January 11, 2018.

3) On January 17, 2018, Defendant Line withdrawn the said decision on invalidation of election on the ground that it is inappropriate for Defendant Line to make a decision on invalidation of election before the election was held. 4) Defendant Line sent text messages to its members on January 18, 2018, without obtaining approval from Defendant Line, and was subject to disciplinary action by election campaign in violation of the latter news report provision No. 3. The Plaintiff neglected Defendant Line and interfere with its business. Defendant Line contains the content that “The Plaintiff cannot further keep the Plaintiff’s secret attack, and the Plaintiff would discuss the decision on invalidation of election in accordance with Article 61 of the Election Management Regulations at the time of election.”

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