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(영문) 광주지방법원 2015.01.15 2013가합6317
광주광역시농아인협회장 당선 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 22, 2012, the Defendant sent a letter of public notice to the effect that the Defendant constitutes an election commission for the election of executive officers of City/Do associations and Si/Gun/Gu branches established for the purpose of realizing the complete social participation and equality of D by carrying out various projects related to D’s rights, interests, and welfare, and that the term of office of executive officers of City/Do associations and Si/Gun/Gu branches has expired.

B. Accordingly, on October 31, 2012, the Defendant-affiliated A Association set E as the chairperson of the A Association Election Management Committee. On January 10, 2013, the Defendant-affiliated A Association publicly announced an election of executive officers of the A Association, which read “2 p.m. 23 p. o. 23.201” and the candidate registration period “from January 21, 2013 to February 1, 2013.”

C. On February 1, 2013, the Plaintiff registered as a candidate for the president of the A Association on February 1, 2013, and F also registered as a candidate for the president of the Association, but voluntarily resigned from a candidate for the president of the Association around that time.

Therefore, the election commission of A Association is one candidate for the president of the Association on February 18, 2013. Thus, Articles 37(2) and 37(2) of the Defendant’s Election Management Regulations (the decision of good faith) of the Defendant’s Election Management Regulations.

Pursuant to the vote of the president of the Association, the president of the Association has decided to vote in the election of the president of the Association at the ordinary meeting.

However, the A Association has not convened a general meeting on February 28, 2013 due to the branch regulations with the mine district, Seo-gu, and North-gu branch under its jurisdiction.

E. On February 25, 2013, the Association sent to the Defendant a letter of request for cooperation that “I, J, K, and E can be conducted on a regular audit of the subordinate branch office and a local assembly,” and on March 20, 2013, the Defendant appointed G to the Chairperson of the Association’s Emergency Measures, and approved H as the Chairperson, I, J, K, and E to manage the election of executive officers of the A Association and its affiliated branch office on May 7, 2013.

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