1. The instant lawsuit shall be dismissed.

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

Basic Facts

The plaintiff is a person who is notified by the National Election Commission that he/she is not eligible to run as a candidate in the election of the president of the 17th National University.

The defendant is the 16th president of the E University, and his term of office has expired.

On February 17, 2017, the National Election Commission of the E-university's Korean National Election Commission publicly announced C among candidates as the president of the total student group, and D as the chief vice president.

[Ground of recognition] The defendant, on December 31, 2016, was in charge of the election of the 17th president of E University, even though the term of office of the 16th president of E University expired, on February 2017.

The election of the president of the Korean Federation of Students was conducted in violation of the regulations related to elections, including qualifications.

Therefore, the election in which C and D are elected is invalid.

(On the other hand, although the plaintiff filed the same lawsuit with the defendant in this court in addition to the defendant in this court, the plaintiff withdraws the lawsuit against C and D, C and D consent thereto, and the lawsuit cost was concluded on February 1, 2018 by the decision of recommending reconciliation made on February 20, 2018, with the content that the plaintiff bears each of the costs of lawsuit. The plaintiff, ex officio, is seeking confirmation of invalidity of the election of the 17th president of the 16th president of the 16th president of the 17th president of the 17th president.

However, a judgment which accepts this claim is rendered.

Even if its effect does not fall short of the entire organization, it cannot be a fundamental valid and appropriate way to resolve disputes between the parties surrounding the status of winning the election.

(1) The lawsuit of this case is unlawful on the grounds that there is no benefit of confirmation, as it does not exist any benefit of confirmation. It is so decided as per Disposition by the assent of all participating Justices on April 28, 2004.

In conclusion, we decide to dismiss the instant lawsuit and decide as per Disposition.