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(영문) 대법원 2016.11.24 2016수64
국회의원선거무효
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. In the 20th election district election for the National Assembly member in the constituency B implemented on April 13, 2016, the fact that the defendant, the representative of the B election commission, decided as the elected person the D candidate for the recommendation of the Cparty, is significant in this court.

2. The plaintiff asserts that the election of this case is invalid for the following reasons. A.

Since the ballot counting machine used in the election of this case constitutes an integrated system of ballot counting devices and ballot counting computers that output ballot papers and control them, the use of the ballot counting machine is limited to the special election pursuant to Article 5(1) of the Addenda of the Public Official Election and Prevention of Unlawful Election Act (amended by March 16, 1994), and even if it is a computer system pursuant to Article 278 of the Public Official Election Act, it does not abide by the procedural provisions, such as public relations for the electors as provided in the main sentence of Article 278(4) of the Public Official Election Act and consultation with the political parties that form negotiating groups in the National Assembly, so the election of this case cannot be deemed

B. Article 150(10) of the Public Official Election Act provides that “The serial number shall be printed on the ballot paper,” and the instant election was used a ballot paper with no serial number printed.

3. Determination

A. An election lawsuit stipulated in Articles 222 and 224 of the Public Official Election Act is a lawsuit seeking an election as a collective act and has violated the provisions relating to election in a series of processes of election, which is an election, and thereby has influenced the result of the election, all or part of the election shall be invalidated.

The purpose of this is to legally implement elections and to properly determine the result thereof. Therefore, when the state or public organization acts in violation of the law, the state or public organization's act of violation of the law under Article 3 (3) of the Administrative Litigation Act is sought to correct it regardless of its own legal interest.

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