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(영문) 서울고등법원 2017.08.31 2017나2030123
대표자회장선거당선확인 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: (a) the ground of the judgment of this court citing the judgment of the court of first instance excluding the ground of the judgment of the court of first instance excluding the case excluding the case excluding the case excluding the case excluding the case referring to the case 2. Na 2

2. Article 24 subparag. 2 of the Election Management Regulations and Article 230 subparag. 2 of the Public Official Election Act (Article 230 subparag. 2 of the Public Official Election Act) provide profits to use for the election campaign, express an intention to provide such profits, or promises to provide them, and whether the provision of profits is prior to or after the commencement of election campaign, or whether the person who received the benefits actually provided an election campaign is not prescribed as the requirements for prohibited acts. The above provisions are not prescribed as the requirements for prohibited acts. Since they were enacted to prevent excessive election, the scope of the act of offering profits for the purpose of realizing the legislative purpose is not limited and interpreted as above. Considering that the above provisions do not limit the scope of the act of offering profits for the purpose of fair election, the J et al. conducted the Plaintiff's election campaign before the act of offering the benefits of this case and the election campaign period remains more than a day after the act of offering the benefits of this case, it is reasonable

On the other hand, except where the act of offering benefits in this case provides allowances, actual expenses, and other benefits pursuant to Article 135 of the Public Official Election Act, Article 135 of the Public Official Election Act. (3) Except where the act of offering benefits in this case provides allowances, actual expenses, and compensation for volunteer service, anyone cannot express his/her intention of offering money, goods, or other benefits in connection with the election campaign, or promise, direction, solicitation, mediation, demand

Although it is alleged that the election management regulations of this case were in violation of the Do, the election campaign personnel.

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