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(영문) 대법원 2012.10.25 2011도6784
정당법위반
Text

The judgment of the court below is reversed, and the case is remanded to the Jeonju District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Article 3 of the former Political Parties Act (amended by Act No. 7190 of Mar. 12, 2004) provides that "political parties shall consist of a central party and a district party for the local constituency in which the waterworks is located: Provided, That where necessary, a party branch may have a party branch in the Special Metropolitan City, Metropolitan City and Do, and a party liaison office in the Gu/Si/Gun, if necessary, may have a Gu/Si/Gun." The amendment of the Political Parties Act by Act No. 7190 of Mar. 12, 2004 to abolish the district party system by revising the Political Parties Act by Act No. 7190 of Mar. 12, 2004, and Article 37 (3) of the Political Parties Act provides that "political parties may establish a party members council by local constituency and autonomous Gu/Si/Gun, and by Eup/Myeon

Article 37 of the Political Parties Act provides that the freedom of political party activities shall be guaranteed as ordinary political party activities such as publicity of the political party's own policies or current political issues without supporting, recommending or opposing a specific political party or a candidate for election to public office (including a person intending to become a candidate) by means of printed materials, facilities, advertisements, etc., and activities for recruiting party members (excluding door-to-door visits). As above, while there may be a council of party members by constituency for the National Assembly members, autonomous Gu/Si/Gun council, Eup/Myeon/Dong for the activities of political party, as an exception to the freedom of political party activities, there shall be no office for the operation of subordinate organizations

In light of the purport of these regulations, the office of the party members council, etc. for the operation of subordinate organizations of City/Do parties prohibited to be established refers, regardless of their titles, to the fixed place of business that actually deals with the affairs for operation, such as the composition, organization, activities and support of party members council, etc. corresponding to subordinate organizations of City/Do parties

As well as whether it is substantial.

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