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(영문) 서울행정법원 2020.10.16 2019구합91282
선거관리위원선임절차 정지명령처분 취소의 소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate group organized for the purpose of establishing a housing reconstruction and improvement project association with the size of 243,552 square meters as a prospective project implementation area in Gangnam-gu Seoul Metropolitan Government A apartment site under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), regardless of whether it was before or after the amendment, and was approved for establishment by the Defendant.

B. The part related to the instant case in the Plaintiff’s operational regulations and election management regulations (hereinafter “instant election management regulations”) are as follows.

Article 15 (Appointment and Change of Members) (1) of the Operational Rules may have members of the Promotion Committee within the following scope, and if a full-time member is appointed, he/she shall undergo a resolution of the Promotion Committee:

1. The chairman: one person;

2. Vice-Chairperson: One person;

3. Auditor: two auditors (one general technical auditor, one auditor).

(6) The method of appointing the promoters shall be determined by the promotion committee, but the number of households and the types of facilities by Dong shall be considered.

Article 2 of the Election Management Regulations (Definition of Terms)

3. The term "member of a promotion committee" means the position of referring to the general term of the chairperson of the promotion committee for the establishment of the association and the auditor's promotion committee as prescribed by the operational regulations

6. The term “promotion committee” means the deliberative committee composed of the members of the promotion committee under subparagraph 3.

(hereinafter referred to as “Promotion Council”) This provision shall apply to the election of members of the Promotion Committee (including any change, re-election, and special election) except as otherwise provided for in the operational regulations, but the relevant Election Commission for Promotion (hereinafter referred to as the “Election Commission for Promotion”) may determine necessary matters to the extent that it does not go against the standards.

Article 4 (Voting)

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