Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of disposition;
A. The Plaintiff is a member of the B Military Council affiliated with the D Party (hereinafter “Military Council member”), and C is a member of the E Party (former F Party).
B. On July 1, 2020, the Defendant opened a 265 extraordinary session (temporary chairperson: G) for the election of the chairman of the 2nd half-year army, and continued voting, and both the Plaintiff and C obtained five votes as a result of voting.
Accordingly, the defendant held the run-off voting, and the plaintiff and C obtained five votes in the run-off voting.
(hereinafter collectively referred to as “instant design election”). (C)
A member of the H Council, who is a ballot inspector for the instant design election, raised an objection as follows: “The Plaintiff’s ballot papers cast his vote to the Plaintiff are put in a specific position, and thus, are invalid, since they are contrary to confidential voting.”
On July 1, 2020, the provisional chairperson declared a meeting without declaring the result of election. D.
On July 14, 2020, the temporary Speaker G declared that C was elected as the Speaker in accordance with the results report of H Council members, who are the ballot inspectors on July 14, 2020 (3 marks A, C5 marks, 0 marks, invalid 2 marks among the total voting 10 votes).
Members of the D Party, including the plaintiff, were not present at the above plenary session.
[Ground of recognition] Facts without dispute, Gap 1-10, Eul 1-6, the entire purport of the pleading
2. Whether the disposition of this case is legitimate;
A. Among the ballot papers for the design of this case asserted by the Plaintiff, the place where the ballot papers cast to the Plaintiff among the ballot papers for the design of this case is merely based on the elector’s personal direction, and it does not mean that the ballot papers contain a specific person’s name on the ballot paper, and
As long as a mark treated as an invalid vote is regarded as an invalid vote, the number of votes obtained by the plaintiff and C shall be the same, so the plaintiff who is the cause of the multi-party vote shall be the Speaker.
(b) Attached Form 1 of the relevant Acts and subordinate statutes;
C. 1) Article 118(2) of the Constitution of the Republic of Korea (i.e., the organization, authority, and parliamentary election of the local council).