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(영문) 광주지방법원 2018.02.22 2017가합54093
지부장지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an organization organized for members in Gwangju metropolitan City D (hereinafter “Seoul Metropolitan City Branch”) among the members of the Korea Food Service Federation (hereinafter “Federation”) established for the purpose of promoting harmony, welfare, and rights and interests among its members as its members after completion of a report on an ordinary restaurant business and promoting the enhancement of food culture, and is a branch of the Federation’s branch of Gwangju Metropolitan City (hereinafter “Seoul Metropolitan City Branch”), and the Plaintiff is the Defendant’s member.

B. On March 15, 2017, at an ordinary meeting held on March 15, 2017, the Defendant: (a) held a chapter president election (hereinafter “instant election”); (b) held three candidates, including the Plaintiff, E, and F, held a campaign speech for each of seven minutes before voting; and (c) held that the Plaintiff was elected as the head of the Defendant’s branch office (E’s 61 marks and F’s 32 marks); and (d) notified the Plaintiff on the same day that the Plaintiff was elected as the head of the Defendant’s branch office.

C. On March 14, 2017, in the initial election campaign process of the instant case, the election commission decided to implement the election tax and the public debate (hereinafter “election tax, etc.”) on March 14, 2017 pursuant to the election management regulations, and agreed that the said three candidates, including the Plaintiff, E, and F, held on March 10, 2017, were not to implement the election tax, etc., and accordingly, the election commission did not implement the election tax, etc. planned.

On March 20, 2017, candidates E, voters G, etc. filed a petition for the instant election on the grounds that there was an error of law in failing to implement the election tax during the election period.

E. Meanwhile, the National Federation Election Management Regulations related to the validity of the instant election (hereinafter “instant Election Management Regulations”) are as follows.

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