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(영문) 서울고등법원 2017.04.27 2016나2063966
제명처분무효확인의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is the Defendant (the name before the change is referred to as “Cparty”).

(2) The Plaintiff was a member of the instant election, and was elected as a member of the instant local council, and was appointed as the president of the instant local council. (3) The Plaintiff was registered in the Defendant’s list of candidates for proportional members of the F Council in the E election, and was elected from the said election to the 6th candidate.

Since then, the candidates No. 7 of the above list were resigned, and the plaintiff became the next candidates for proportional representative members.

B. On January 1, 2016, G political party prepared for the formation of the new political party, and added 100,000 won of membership fees to the head of Tong under the name of the chairman of the preparatory committee for the formation of the new political party, among those recommended as promoters by e-mail, as promoters. 2) The Plaintiff was recommended as a promoter for the formation of the new political party. On January 10, 2016, the Plaintiff directly transferred KRW 10,000 to the account indicated as “H (H)” under the name of the deposit owner.

3) After remitting KRW 100,000 as above, the Plaintiff visited the Seoul Sejong Cultural Center, which is the head of the Promotionary Party Formation, regardless of the Plaintiff’s home located at D, on the same day. 4) G political party distributed a list of promoters for the formation of the political party, including the Plaintiff’s name and the Plaintiff’s status “the Speaker of the Jeju City Council” on the same day, through printed materials and news reports.

The list was disclosed through media reports on the same day.

5 The Defendant’s F Party that participated as a promoter for the Formation of a Political Party and asked the Plaintiff to take disciplinary action against the Defendant. The Defendant’s Ethical Tribunal on January 25, 2016 (“Ethical Tribunal”) came to recognize the Plaintiff’s participation as a promoter for the Formation of a Political Party. ② The fact that the promoters paid membership fees in their own name is also recognized, and ③ the fact that the promoters were paid in their own name is between the promoters, etc.

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