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(영문) 대법원 2016.12.29 2012수11
국회의원선거무효확인의소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Judgment ex officio is made.

The instant lawsuit sought the invalidation of the election of National Assembly members in the 19th National Assembly local constituency, which was implemented on April 11, 2012.

However, the fact that D, who was elected as a member of the National Assembly in the above election, resigns to the expiration of the term on May 29, 2016, and that G was decided as the elected person in the election for the National Assembly member of the 20th BEC local constituency implemented on April 13, 2016 and becomes a new term of office, is significant in this court.

If the facts are different, the plaintiff has no legal interest in claiming the invalidation of the election of National Assembly members of the 19th National Assembly constituency of the 19th National Assembly, which was implemented on April 11, 2012. Therefore, the lawsuit in this case is unlawful without need to determine the merits.

(See Supreme Court Decision 201No. 14 Decided June 28, 2012. Therefore, the instant lawsuit is dismissed, and litigation costs are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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