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(영문) 의정부지방법원 2018.09.07 2017가합57783
선거무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the party 1) The Plaintiff’s election of the chairman of the council of occupants’ representatives at the 12th B Apartments’ representatives (hereinafter “instant election”).

(2) The representative C of the defendant is the one elected by the Chairperson in the instant election.

B. 1) The Plaintiff’s B apartment (hereinafter “instant apartment”)

(2) On October 27, 2017, the Plaintiff and C were decided as a candidate for the instant election, and the instant election will be held on November 6, 2017.

3) On October 30, 2017, the Plaintiff filed a complaint with the election commission on the ground that on October 30, 2017, the Plaintiff violated Article 24 of the Election Commission Regulations by providing the Plaintiff with financial benefits to the electors for the purpose of affecting the result of the election.

5) On October 31, 2017, the election commission decided to impose KRW 200,000 on the Plaintiff for the reason that the Plaintiff violated the regulations of the election commission (hereinafter “decision to impose the instant amount”).

(6) On November 2, 2017, the Plaintiff filed an objection against the instant decision on the imposition of the penalty, but the election commission decided to maintain the instant decision on the imposition of penalty around November 2, 2017, around 19:00.

7) The election commission, around 19:00 on November 5, 2017, decided to invalidate the Plaintiff’s registration of a candidate on the ground that the Plaintiff violated the regulations of the election commission, including the Plaintiff’s election campaign, by inserting and distributing his election campaign materials in the Plaintiff’s postal service for each household, thereby violating the regulations of the election commission (hereinafter “decision to invalidate the

8) November 6, 2017.

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