(영문) 서울동부지방법원 2017.01.25 2016가합102793

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(영문) 서울동부지방법원 2017.01.25 2016가합102793

지부장당선무효확인

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff and C are private taxi operators belonging to the branch offices in Seoul D and E among the defendant cooperatives.

On November 24, 2015, the Defendant Cooperative held the election for the head of the chapter B (hereinafter “instant election”), and C obtained 605 votes from the total number of valid votes (1,850 electors) in the above election, and won the election for the head of the chapter B as a result of the difference between the next highest votes and the 205 votes, and is working as the head of the chapter B of the Defendant Cooperative Branch from January 1, 2016.

The relevant provisions of the Election Management Regulations of the Defendant Union are as follows:

Article 30 (Election Campaign) (1) The term "election campaign" in this provision means an act for preventing a candidate from being elected or getting or not to be elected.

(2) Any act of preparing a simple opinion, expression of intention, candidate and election campaign on an election shall not be deemed an election campaign.

(3) An election campaign may be carried out from 8 a.m. to 10 p.m. everyday from the time when the mark is put to the end of the election day after the registration of the candidate concerned.

Article 32 (Prohibition of Distribution, etc. of Printed Materials) (1) No one shall, in any case, produce, dispatch, distribute, post, attach, spread or display a candidate (including a person who intends to become a candidate; hereafter the same shall apply in this Article and Articles 34 through 35) in order to have an influence on the election from 180 days before the expiration date of the term of validity to the election day (in cases of a special election, etc., the date of public announcement of the election; hereafter the same shall apply in this Article and Articles 34 through 35), or produce, send, distribute, post,

However, the head of the personnel affairs of the candidate may mail the candidate by no later than the election publication date.

(2) In cases of an election to be held at the expiration of the term, anyone shall start on 180 days before the expiration date of the term (in cases of a special election, etc., the

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