The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In a case where there is a reason in contravention of the Acts and subordinate statutes in the election procedure, the relevant election does not become null and void solely on the ground that there is a violation of such Acts and subordinate statutes, and only if it is recognized that the freedom and fairness of the election, which is the basic ideology of the election, has been considerably infringed and thereby has influenced the result of the election, is invalid.

(see, e.g., Supreme Court Decision 2003Da11837, Dec. 26, 2003). Meanwhile, the term “when it is deemed that the result of the election had influenced the result of the election” refers to the time when it is recognized that the result of the election would have been different from that of the candidate’s price, namely, the result of the election if it had not been violated.

(2) On April 11, 2013, the following circumstances acknowledged by the aforementioned legal principles and records are as follows. In other words, the Defendant’s organization has a general meeting, a representative meeting, and a standing executive committee. A general meeting is composed of all the members of the organization, and the representative meeting is composed of representatives elected by direct and secret ballot by the members of the organization. On the other hand, the standing committee is composed of the heads of departments appointed by the head of the branch, the head of the site, the head of the office, and the head of the branch office. As such, there is a difference in democratic legitimacy given to the members of each organization, the Defendant’s bylaws on the operation of the branch office of this case provide “matters concerning the election of executives” among the functions of the general meeting and the representatives’ meeting, and there is no provision related to the function of the standing executive committee, and the “matters concerning the acceptance of delegation of delegates”, one of the functions of the standing executive committee, means that the “matters regarding the acceptance of delegation of delegates” can be determined”.