(영문) 대구지방법원 2018.09.13 2018가합202846

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(영문) 대구지방법원 2018.09.13 2018가합202846

선거 및 당선무효확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a subordinate organization of the B-Organization Central Council established pursuant to D Act in order to guide and spread C, and is an organization that performs socially independent activities. The plaintiff is a member of the Defendant.

B. On February 6, 2018, the Defendant: (a) held the Defendant’s election for the president of the Defendant (hereinafter “instant election”); (b) held the Defendant’s election for the Plaintiff and E; and (c) obtained 32 votes from the Plaintiff and E; and (d) elected the Plaintiff as the Defendant’s president.

(c) Article 41 (Appointment of Officers) (1) of the Articles of Incorporation of the Consultative Council of Organizations B, the Chairperson of the City/Do Council and the Auditor shall be elected at the City/Do Council, and the relevant detailed provisions shall govern.

(2) The Chairperson of a City/Do Council shall obtain authorization from the National Federation Chairperson.

Article 20 (Resolution of General Meeting) (1) Except as otherwise provided in this Articles of incorporation, a general meeting shall be held with the attendance of a majority of the incumbent members, and pass resolutions with concurrent votes

The purpose of Article 1 (1) of the Election Management Regulations of the Group B (hereinafter referred to as the “Election Management Regulations”) is to prescribe matters necessary for the procedures for election of executive officers of the Central Council and City/Do Council, Si/Gun/Gu Council, and Eup/Myeon/Dong Council as prescribed by the articles of association of the Central Council of Group B (hereinafter referred to as the “Central Council”).

The term "elective officers" in Article 3 (elective Officers) 1 shall be as follows:

2. Where it is necessary to elect the chairperson of a City/Do/Do/Council and an auditor, an election commission shall be established in the relevant council for the fair management of election affairs.

(2) The Election Commission shall be comprised of one chairperson (hereinafter referred to as the "chairperson of the election management"), five members (hereinafter referred to as the "election management member"), and one executive secretary.

Article 7 (Secretary) (1) The secretary.

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