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(영문) 울산지방법원 2019.02.19 2018고합281
지방교육자치에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was elected on June 13, 2018 by going to the superintendent of the Office of Education of the 7th City/Do Provincial Election B, which was implemented on June 13, 2018.

On June 5, 2018, the Defendant, from around 23:15 to around 23:15, 2018, called “the candidate supported by the E organization” while speaking for the last appeal at the TV conference held by the candidate candidate of the C Office of Education B.C.

However, the Defendant did not have received official support from E organizations (hereinafter “E”), and there was no objectively confirmed intention to support the candidates for B Superintendent of B in the above election against workers belonging to E, and the workers belonging to E organizations did not individually support the candidates for the Superintendent of B Office of Education other than the Defendant. Thus, the Defendant could not be said to be “candidate supported by E” or “candidate supported by E workers.”

Accordingly, the defendant published false facts about support from a specific organization for the purpose of being elected to the superintendent of the Office of Education of the 7th nationwide local government election B.

2. In the event that the chairperson of the labor union affiliated with the E-Organization B headquarters of a considerable number of the defendants and defense counsel expressed their support to the defendant, the defendant was merely a false statement of "the candidate supported by the E-Labours" as stated in the facts charged in the instant case, that "the candidate supported by the E-Labours," which was driven away at a time during the end of the debate of the TV program and entered in the actual large part of the broadcast program."

3. Determination

A. According to the evidence of this case, the following facts are acknowledged.

1) The E-group B headquarters is affiliated with approximately 18,150 members of the 105 unit trade unions under its control, including F, G, H, I, J, K, K, L, M, N,O, P, etc. Around May 28, 2018. The election of this case is held by the plenary session (the Political Committee) on May 28, 2018.

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