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(영문) 대전지방법원 2017.04.19 2016구합104295
의장선거 무효확인 등
Text

1. The defendant's following resolutions are confirmed to be invalid:

On July 1, 2016, the C Council member is the defendant's chairperson and D.

Reasons

The defendant is a local council consisting of 11 members, and five (H, C, I, J, and K) from among the incumbent members of the defendant Council are members of the L party, five (D, E, G, F, and M) from among the members of the L party, five (D, E, G, F, and M) from among the National Assembly members of the defendant Council.

The Plaintiff performed the Defendant’s first half-time president position (term of office: from July 1, 2014 to June 30, 2016).

From June 16, 2016 to June 16, 2016

6. On June 20, 2016, on June 20, 2016, the last day of the 20th presidential election (hereinafter “instant election”) consisting of the 7nd presidential election (hereinafter “instant election”).

By June 17, 2016, the candidate for the Speaker completed the registration of the Plaintiff, C Council members, and D and H Council members, respectively. On June 20, 2016, the Plaintiff temporarily reserved the proposal on the election of the Speaker of the instant case in the above extraordinary session at around 10:00, and declared the meeting by the time of completion of each party’s smooth consultation on the preparation for the election of the Speaker of the instant case and the composition of the Defendant’s second half-time chairperson and each chairman of the Standing Committee. However, the Plaintiff did not open the meeting, and the said extraordinary session was terminated. The Defendant was present on July 10, 2016 at the plenary session at around 183 plenary session (hereinafter “the instant plenary session”).

B: (a) holding a meeting and dealing with the agenda items for the election of the chairman of the instant meeting as referred to in subparagraph 1; (b) a member of H, among the assemblymen present at the meeting pursuant to Article 54 of the Local Autonomy Act, was to act for the chairman for the proceeding of the chairman of the instant meeting.

H Council members proposed agenda items to be elected as Speaker pro tempore under Article 52 of the Local Autonomy Act, and asked whether they raise an objection to such agenda items, and declare that they were elected as Speaker pro tempore.

H Council members shall carry out the election of the chairman on the same day by gathering the opinions of the Council members after presenting the agenda for the election of the chairman as the agenda, and shall hold a regular meeting for 30 minutes, and the opinions of the political parties on the composition of the latter half-time council members.

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