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(영문) 서울남부지방법원 2018.12.13 2018가합105454
지회장당선무효 확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D (hereinafter “D”) is an incorporated association with the primary purpose of expanding the rights, interests, and improving the welfare of the elderly, and the Defendant is a non-corporate association comprised of members residing in E-Gu among the members of D.

B. The Defendant’s holding of an election for the president of the branch and the decision on the elected person are as follows: (a) the Defendant’s election for the president of the branch on March 16, 2018 (hereinafter “instant election”) is deemed as follows:

On March 12, 2018, the candidate registration notice was issued to the effect that the Plaintiff, C, and F registered as a candidate for the instant election. 2) On March 16, 2018, the Defendant decided C as the elected person for the instant election (hereinafter “instant decision”).

C. According to the provisions of Section 1 of the General Provisions of Section D of the Election Management Regulations, Article 1(Purpose) of the D Articles 10(4) of the D Articles of Incorporation, a member (representative) may elect the chairman fairly in accordance with his free will and democratic procedures, thereby contributing to the development of the principal society and the promotion of welfare and the extension of rights and interests of the elderly.

Article 2 (Application and Application Mutatis Mutandis) This provision shall apply at the time of election of the president of the plenary session, president of the federation, director of the central federation, or director of the subdivision.

(However, the election period of the head of the branch and the head of the center for senior citizens shall be equivalent thereto). The election period of the head of the election commission and the head of the various levels of the election day of Article 11 (Election Period) shall be from

Section 7 (Definition, etc. of Election Campaign) (1) The term "election campaign" in this Regulation means an act to be elected or to make another person be or not elected.

However, simple statement of opinion on the election, expression of intention, candidate, and preparation for election campaign shall not be considered as an election campaign.

(2) Only a candidate or a person registered as an election campaign worker may engage in an election campaign.

Article 21 (Prohibition of Election Campaign Period and Advance Election Campaign) (1) An election campaign shall be held on the election day from the time when a registration of the relevant candidate is completed

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