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(영문) 서울고등법원 2019.11.08 2019나2022447
당선무효확인의 소
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the grounds for appeal

A. The grounds for appeal by the Plaintiffs are not significantly different from the allegations in the first instance court.

In light of the evidence submitted to this court, the judgment of the court of first instance that rejected the Plaintiffs’ assertion that there are grounds for invalidation of the election of this case on the grounds of “disqualification of candidates for offering money or goods,” “illegal election campaign by sending text messages,” and “operation of election campaigns” are justifiable.

B. In particular, the judgment of the first instance related to the assertion of the lack of eligibility as candidate due to the provision of money and goods is supplemented as follows.

① Even if the Defendant’s Election Management Rule (Evidence A No. 7) was amended on March 14, 2016, and Article 17(1)2 and 6 was specially prepared to prevent evasion of the law such as provision of money and valuables, it cannot be pointed out that it is not appropriate to comprehensively provide for an affirmative and vague requirement, such as “a person with social trust, such as “a person who is administered by the National Security Officer for the purpose of the Defendant’s business purpose and has no fact of corruption (No. 2),” and “a person who has faithfully complied with the Articles of incorporation and regulations of the Defendant (No. 6).”

This is because it is rather difficult to function as a standard for eligibility of candidate because anyone can fall under or does not fall under any person according to the remaining viewpoint and criteria that excessively reflects the purpose.

(2) Article 17 of the Election Management Regulations is related to the deprivation of the eligibility of the Chairperson as a candidate, and thus, it shall be strictly interpreted and applied to the maximum extent that such problem does not arise.

Article 29 (1) 1 of the Election Management Regulations shall be prohibited by the act prohibited during the period of prior election campaign prohibition and the election campaign period.

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