1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 13, 2019, the Plaintiff was selected as a candidate for the president of the Defendant Cooperative at the second election of the head of the Dong-si Cooperative (hereinafter “instant election”), which was implemented on March 13, 2019, and C was employed as a director of the Defendant Cooperative from April 1, 2013 to February 25, 2019, and was appointed as a candidate for the president of the Defendant Cooperative at the instant election on February 26, 2019, and was decided as the elected person as the president of the partnership on March 13, 2019.

B. C in the instant election, to issue a written confirmation of non-competitive business relations required to register as candidates for the president of the Defendant Union, the Defendant Union understood the contents of the instant election by fully explaining the contents of Article 52(4) and (5) of the D Act, Article 5-4 and [Attachment 2] of the Enforcement Decree of the D Act, and prepared and submitted to the Defendant Union a written statement stating that “I will present this written statement with the commitment that I will assume any responsibility if it is proved to be false in the future.” On February 25, 2019, C issued to C a written confirmation of non-competitive business relations.

C. On February 26, 2019, C filed an application for the registration of a candidate with the labor union president with the Gangnam-gu election commission, accompanied by a written confirmation of the fact of non-competitive business relations issued by the Defendant Union.

Defendant Union decided C as the elected person of the president of the partnership (hereinafter “instant decision”) at the second time of the election of the president of the partnership on March 13, 2019.

▣ 공공단체등 위탁선거에 관한 법률 제12조(선거권 및 피선거권) 위탁선거에서 선거권 및 피선거권(입후보자격 등 그 명칭에 관계없이 임원 등이 될 수 있는 자격을 말한다. 이하 같다)에 관하여는 해당 법령이나 정관 등에 따른다.

▣ D법 제52조(임직원의 겸직 금지 등) ④ 지역E조합의...