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(영문) 대전지방법원서산지원 2016.07.28 2015가합51134
당선무효확인의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. An incorporated association is a corporation established for the education, culture, sports, vocational rehabilitation and social welfare activities of the visually impaired persons in Chungcheongnam-do, and Defendant B’s branch office (hereinafter “Defendant B’s branch office”) is the E branch office of the said corporation, and the Plaintiff and Defendant C are the members of Defendant C’s branch office.

B. On July 18, 2013, Defendant C received the third degree of visual disability determination from the National Pension Management Corporation (hereinafter “instant determination”).

C. On January 22, 2014, the Defendant Branch held the election of the president of the branch, and the Plaintiff and Defendant C left the said election, and Defendant C was elected.

The articles of association and election management regulations concerning the election of the president of the branch at the time of the above election shall be as follows:

1) An executive officer under Article 11(1) of the D Articles of Incorporation (wholly amended on March 4, 2010), an incorporated association, shall lose his/her position in any of the following cases:

The election commission at each level as provided in Article 29 shall invalidate the registration of a candidate when any of the following grounds arises after the registration of the candidate:

1. Where it is confirmed that a candidate is ineligible for election, the election commission at each level at each level shall, if the candidate or elected person falls under any of the following subparagraphs, become ineligible for election, or invalidate the election, and announce it publicly within 72 hours from the date of the announcement of election:

2. Where the elected person is found to fall under the causes for nullification of the registration as provided in Article 29;

(e)The rating table of visual disability shall be as follows:

The eyesight of a good eye of a eye of the degree of disability of grade 1 is not more than 0.02, and the eyesight of a good eye of class 1 of grade 2 is 0.04.

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