[1] Whether the suspension of the validity of an administrative disposition or the suspension of execution itself in a case of suspension of execution is a requirement for suspension of the execution or suspension of execution (affirmative)

[2] Requirements to constitute “elections in violation of Acts and subordinate statutes, administrative dispositions under the Acts and subordinate statutes, articles of association or regulations” under Article 154(1) of the former Fisheries Cooperatives Act in the election of officers of the National Federation of Fisheries Cooperatives

[1] Article 23 of the Administrative Litigation Act / [2] Article 154 (1) of the former Fisheries Cooperatives Act (amended by Act No. 731 of Dec. 31, 2004) (see current Article 170 (1))

[1] Supreme Court Order 92Du14 dated June 8, 1992 (Gong1992, 2153) Supreme Court Order 2004No6 dated May 17, 2004

[Judgment of the court below]

Minister of Oceans and Fisheries

Seoul High Court Order 2005A205 dated October 20, 2005

The reappeal is dismissed.

The grounds of reappeal are examined.

The suspension or suspension of execution of an administrative disposition is intended to protect the applicant's status until the applicant obtains a favorable judgment in the case on the merits of the case, and to prevent the applicant from rendering a false judgment at the same time. Thus, recognizing the validity or suspension of execution even though there is no possibility of revocation of disposition in the lawsuit on the merits of the case, it is contrary to the purport of the system to recognize the validity or suspension of execution. Therefore, it should include the suspension of validity or suspension of execution that the applicant's request on the merits is not clear by the suspension of validity or suspension of execution itself (see Supreme Court Order 92Du14, June 8, 1992; Supreme Court Order 2004No6, May 17, 200

Article 154(1) of the former Fisheries Cooperatives Act (amended by Act No. 7311 of Dec. 31, 2004; hereinafter “the Act”) provides that “The Minister of Maritime Affairs and Fisheries may cancel or suspend election by means of a resolution or election, if the general meeting, board of representatives, or the board of directors’ meeting, the method of resolution or contents of resolution, or election is deemed to have violated any statute, any administrative disposition under any statute, the articles of association or any rules, or may suspend the execution of such decision or election.” Thus, if a candidate who withdraws from an election of an executive of the National Federation of Fisheries violates any restrictions on election campaign under any statute, administrative disposition under any statute, the articles of association or regulations (hereinafter “laws, etc.”), the relevant election may not immediately be deemed to have been in violation of any statute, etc., on the sole basis of the reason thereof. However, if it is recognized that the free decision of electors by election campaign in violation of such statute, etc. seriously infringed the freedom and fairness of election, which is the basic ideology of election and thereby affected the election.

Article 70 (6) of the National Federation of Fisheries Cooperatives Act provides that the re-appellant's election or recommendation of the chairperson, representative director, director, or auditor shall be made as prescribed by the Regulations on Election of Executives of Annex 1; Article 3 of the Regulations on Election of Executives of the National Federation (hereinafter "election Regulations") provides that the chairperson, representative director, non-standing director, and elector in the election of members listed on the membership roll as of the date of public announcement of election; Article 13 (2) of the Regulations on Election of Officers (the same shall apply mutatis mutandis pursuant to Article 30) provides that any person shall not engage in any act prescribed in the subparagraphs of Article 70 (6) of the same Act for the purpose of preventing the election of the chairperson or any specific person from being elected or elected; Article 70 (6) of the same Act provides that "any person eligible to participate in the election of the head of the National Federation of Fisheries Cooperatives shall be provided with money, entertainment, other property interest, or public or private post before the preparation of the electoral register; and Article 13 (3) of the same Act provides the same within 9.

In light of the above legal principles and records, the court below's measure is just, and there is no error in the misapprehension of legal principles as to suspension of execution like the grounds for re-appeal, Article 154 (1) of the Act, or

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-dam (Presiding Justice)