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(영문) 서울고등법원 2018.01.23 2017나2038684
선거무효 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant is an incorporated association established by the consolidation of D organizations established under Article 33 of the National Sports Promotion Act and E organizations established under Article 7 of the Sports Promotion Act, and the plaintiff was a candidate for the election of the chairperson stated in the purport of the claim.

B. On October 5, 2016, the Defendant decided to hold a new president election (hereinafter “instant election”), and pursuant to the National Sports Promotion Act and the Articles of incorporation, entrusted the National Election Commission (hereinafter “Central Election Commission”) with the overall affairs pertaining to the management of the election except the affairs pertaining to the preparation and confirmation of electoral registers, and proceeded with the instant election procedure.

C. The Defendant Election Management Committee: (a) recommended candidates from the member organizations and City/DoF and Si/Gun/GuF, who are affiliated with the Defendant, prepared a list of candidates for electors; and (b) prepared an electoral registry composed of a total of 1,405 electors (hereinafter “instant electoral registry”) according to the number of electors by specified organization; and (c) additionally prepared an electoral registry consisting of a total of 1,405 electors.

Plaintiff G CH 1,405 892 (63.5%) 25 (2.8%) 171 (19.2%) 294 (3.0%) 213 (23.9%) 189 (21.2%) 0513,00

D. On October 5, 2016, the instant election, which was enforced on October 5, 2016, was run by five candidates. C received 294 marks out of the total valid votes 892, and won as the president, and C was decided as the elected person.

The result of the election of this case is as follows.

E. The main contents of the defendant's articles of association and the president election management regulations are as follows.

Article 29 (Election of Chairperson) (1) The Chairperson shall be elected by the Chairperson.

(2) The Chairperson Selection Organization shall be comprised of the following persons:

1. Representatives under Article 14 (1) and (2);

2. Persons recommended by a member's association (excluding any recognized organization) by lot;

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