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(영문) 광주고등법원 2018.05.23 2017나11246
선거무효확인
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. On October 21, 2016, the National Election Commission under the Defendant’s National Election Commission (hereinafter “Central Election Commission”) published a candidate registration as to the election of the president of C University General Students at C University (hereinafter “instant election”), and the Plaintiffs (No. 1) and DE (No. 2) registered as a candidate for the instant election in the form of a mining machine.

B. On November 21, 2016, the C University registered 18,160 (including inside and outside the fixed number) where voting rights can be granted, 1,081 electors were treated as “accidents,” and an electoral registry for 17,079 electors was prepared. Based on the results, the voting procedure was conducted on November 21, 2016, but the total voting rate was not less than 50%, but the extended voting was held on November 22, 2016 following day.

C. As a result of the ballot counting on November 22, 2016, among voters 9,959 (total voting rate of 58.31%), the Plaintiffs (No. 1) obtained 4,452 marks and DE (No. 2) obtained 4,731 marks, respectively, and the central election management officer of this case announced the election of DE (No. 2), which is the majority vote.

On February 9, 2017, the plaintiffs raised an objection against the defendant as to the invalidity of the election of this case on the central election of this case, and D applied for a provisional disposition to preserve the status of the elected person by the Gwangju District Court 2016Kahap603, and received a temporary decision from the above court to determine the "D is in the status of the elected person in the election of this case" on February 9, 2017, and the decision to accept the provisional disposition became final and conclusive as it is due to

E. According to the above provisional disposition decision, the central line order of this case publicly announced the decision of success.

Since November 6, 2017, D resigned from the position of the president of the General Students' Office, and E, the vice president of the defendant, was an acting representative of the president of the General Students' Office and performed the duties of the president of the General Students' Office from the time of the resignation to February 28, 2018, which is the expiration date.

F. On the other hand, the Central Office of Education held the election of the president of the C University in 2018.

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