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(영문) 대전지방법원 홍성지원 2018.10.11 2018가합142
당선무효 확인의 소
Text

1. The lawsuit against the defendant, an incorporated association, shall be dismissed;

2. The election of the head of the branch office in January 25, 2018 by Defendant C, an incorporated association.

Reasons

1. Basic facts

A. Defendant C (hereinafter “Defendant C”) is an organization established and operated in accordance with the provisions on the establishment of branch offices in the articles of association of Defendant B (hereinafter “Defendant B”) and the regulations on the operation of branch offices.

From September 7, 200 to January 31, 2014, the Plaintiff is a person who served as the president of the sub-chapter of Defendant C from September 7, 200 to January 31, 2014, and D is a person who served as the president of the sub-chapter of Defendant C from February 1, 2014 to January 31, 2018.

B. Around November 28, 2017, Defendant C constituted an election commission to operate and manage six branches of subdivisions.

On December 27, 2017, Defendant C Election Commission: (a) held an election to elect two representatives of Defendant C Branch Chairperson and Defendant C Branch Chairperson on January 25, 2018 at a restaurant 13:0 to 14:00 E on January 25, 2018; and (b) registered candidates on January 3, 2018.

1.4. From 09:00 to 18:00 for both days, it shall be received at the defendant C office;

“Public Notice of Election of Branch President and F Representatives” was made with the content “public Notice of Election of Branch President and F Representatives.”

hereinafter referred to as "public notice of election of this case"

4. Qualifications of candidates (Articles 6 and 7 of the Election Management Regulations)

(a) If the head of a branch office concurrently holding the office of F or the head of a facility related to this branch office (G welfare center, H library, I living mobility support center, Si/Gun living movement support center for disabled persons, etc.) as of the day preceding the date of registration of a candidate for the head of the branch office, who is not the head of the branch office or its employee, intends to leave the branch office in the election of the head of the branch office, he/she shall resign from his/her office by the day preceding the date of registration of the candidate;

C. On January 5, 2018, the Defendant C Election Commission issued a “public announcement of candidates” with the content that the Plaintiff and D two persons were candidates for the branch president.

(hereinafter “Public Notice of the candidate in this case”). The public notice of the candidate in this case included the following matters:

4. Ballot-counting method: Ballot-counting method in the relevant candidate’s column on the ballot paper;

(a) Branch Chairperson: No. 1 (Plaintiff) shall be stamped, sealed and marked once;

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