1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. In the 20th National Assembly election conducted on April 13, 2016, the Plaintiff was a candidate for the C constituency in the 20th National Assembly election and was not elected.

B. The Plaintiff was charged with violating Articles 230(1)4 and 135(3) of the Public Official Election Act by offering money and other valuables to a person who is not registered as an election campaign worker in connection with the election campaign, and (2) the period during which the election campaignr performed an election campaign and the allowance paid to him was falsely stated, and thus violating Article 49(2)6 and the main sentence of Article 39 of the Political Funds Act.

(T) On May 15, 2017, the Plaintiff was convicted of a fine of KRW 3 million at the appellate court of the instant case (Tgu High Court 2017No43) on May 15, 2017, and the said judgment was finalized on July 18, 2017 by the Supreme Court’s dismissal of appeal (2017Do7511).

C. On August 1, 2017, the Defendant ordered the Plaintiff to refund KRW 15,00,000,000 and KRW 154,536,250 (election expenses) returned to the Plaintiff on August 1, 2017, and KRW 154,536,250 (election expenses) returned to the Plaintiff on the grounds that the Plaintiff was sentenced to a fine of at least one million and the punishment equivalent to the invalidation of election was finalized for committing a crime under the Public Official Election Act, who was not elected by the Plaintiff.

(hereinafter “instant disposition”) D.

On the other hand, on August 22, 2017, the Plaintiff construed “election campaign manager, etc.” under Article 135(1) of the Public Official Election Act only to “reported election campaign manager, etc.” under Article 63 of the Public Official Election Act, and claimed a constitutional complaint (2017Hun-Ma927) to the effect that it is unconstitutional to interpret the same including cases where statutory allowances and actual expenses are paid depending on the status of an election campaign-related person who performs a simple election campaign under Article 49(2)6 of the Political Funds Act.

However, on September 5, 2017, the Constitutional Court has recognized and assessed the plaintiff's claim on the facts or individually and specifically.