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(영문) 서울남부지방법원 2017.12.07 2017가합105099
당선무효확인의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a non-profit incorporated association established for the purpose of D development in Korea, and the plaintiff is a regular member of the defendant.

B. A person who did not suspend his/her authority as a regular member or associate member of the Association as of the date of the public announcement of the election as provided in Article 17 (Voting Right) after the amendment of the Defendant’s Election Management Regulations and the public announcement of the election of the 28th president or associate president.

Article 19 (Persons Ineligible for Election) The following persons shall be ineligible for election as of the date of registration of the candidate:

(1) A person whose authority is not suspended as a regular member and associate member of the Association as of the date of the public announcement of the election set forth in Article 17 (Voting Right) omitted.

Provided, That the unpaid member whose annual fee is unpaid as of the closing date of candidate registration shall be suspended.

Article 19 (Persons Ineligible for Election) Any of the following persons shall be ineligible for election on the basis of the deadline for registration of candidates:

① On October 28, 2016, at the fifth meeting of the Defendant’s fifth meeting held on October 28, 2016, a resolution was passed to amend the following matters with respect to the right to vote and to be elected among the Defendant’s election management regulations. (2) The Defendant’s election commission (hereinafter “election commission”) decided on December 22, 2016 as “ January 22, 2017 (hereinafter “instant election”) with respect to the election for the chief director and vice chief director (hereinafter “instant election”), the election day on December 22, 2016,” and the date of registration of the candidate as “27 (09:0 to 17:00 (2) days”)” respectively.

3) As a candidate for the vice-chairperson, the Plaintiff is a candidate for the chairperson E and other vice-chairperson F, G, H (hereinafter “E, F, G, and H”)

(B) On December 26, 2016, along with the foregoing, registered as a candidate (Article 29(1) of the Election Management Regulations, the one candidate for the chief director and four candidates for the vice chief director must be registered as a candidate for the right-holder of the right-holder’s right-holder’s right-holder’s right-holder’s right-holder.

4) On the other hand, the candidate for the chief executive officer C and the vice chief executive officer I, J, K, and L et al.

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