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(영문) 수원지방법원 평택지원 2018.07.19 2018가합8158
당선자지위확인
Text

1. The Plaintiff, who was the elected of the chief of the Defendant Branch on January 12, 2018, is in the position of the chief of the Defendant Branch.

Reasons

1. Basic facts

A. The defendant is a branch of the Gyeonggi-do Association for the visually disabled, an incorporated association, with the aim of integrating and coordinating differences between organizations and agencies under its control as the association for the visually disabled and agencies related thereto, and promoting improvement of the status, promotion of welfare, and protection of the rights and interests of the visually disabled.

B. On January 12, 2018, the Plaintiff and C registered as a candidate for the election of the president of the branch of the Defendant, and the Defendant held an election of the president of the branch of the branch of the Plaintiff (hereinafter “instant election”).

C. On January 12, 2018, the Defendant’s election commission publicly announced that “110 of the total number of electors in the instant election participated in the voting.” As a result of the ballot counting, the Plaintiff publicly announced that the Plaintiff was elected to the branch of the Plaintiff as the 55 votes, C’s 53 votes, and invalid votes 2 votes.”

C On January 13, 2018, the Defendant election commission filed an objection with the Defendant, stating that “A member under the age of 19 years was voting as of the election day; ② a person who is not a franchisor, applied for a voting assistant, thereby violating the provisions on confidential voting; ③ a person who provided entertainment to a member; and ④ a person who provided support to a member; and ④ a person who provided guidance to the election management commission, entered the balloting booth frequently.”

E. On January 15, 2018, the Defendant Election Commission decided to invalidate the Plaintiff’s election and re-election, and publicly announced that “The Defendant Election Commission decided to invalidate and re-election the Plaintiff’s election on January 15, 2018 upon receipt of the objection by C in accordance with Articles 47(2) and 48(6) of the Gyeonggi-do Election Management Regulations for the Election of the Association for the Disabled Persons with Disabilities, which was implemented on January 12, 2018.”

F. On February 8, 2018, the Defendant Election Commission publicly announced that the re-election should be held by the president of the Defendant Branch, and C took the sole candidate in the re-election of the president of the branch, and on January 25, 2018, the Defendant Election Commission publicly announced that C was elected without voting.

(g) the Gyeonggi-do Association for the visually disabled, an incorporated association;

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