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(영문) 대구지방법원의성지원 2015.08.18 2015가합68
조합장 당선무효, 선거무효 등 확인의 소
Text

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

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

Reasons

1. The following facts can be acknowledged as either a dispute between the parties or in full view of the entries in Gap evidence No. 1 and the purport of all pleadings.

On March 11, 2015, the Plaintiff was running as a candidate for the election of president of the Defendant Union (hereinafter “instant association president”).

B. On March 1, 2015, the Defendant Union finalized and finalized an electoral register for the above election of the head of the association, and in the same month.

5. A resolution was made to set up an emergency board of directors and to withdraw 772 of the total 1,917 electors of the finalized electoral registry on the ground that they are disqualified members.

C. At the election of the head of the instant association, C, the head of the existing association, was elected, and the Plaintiff was disqualified.

2. Judgment as to the main claim

A. Article 63(2) of the Act on Entrusted Elections by the Plaintiff-Appellants, Public Organizations, Etc. (hereinafter “Entrusted Election Act”) provides that where a person related to preparation of the relevant electoral registry intentionally fails to enter the elector in the electoral registry or makes a false entry or makes another person enter any false fact in the electoral registry, the relevant person shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won (Article 63(2)). In addition, where the elected person is punished by imprisonment with prison labor or a fine not exceeding one million won

(Article 70 Subparag. 1). However, the Defendant Union attempted to elect the president of the partnership on the basis of the electoral list on March 1, 2015, which was improperly prepared by registering an unqualified person as a member of the association in order to secure the members who support the president of the association.

Therefore, the winning party C of the defendant union and the president of the association are suspected of committing an election crime corresponding to the grounds for invalidation of the election, and thereby, affected the result of the election of the president of the association in this case, the election of C is null and void.

B. We examine the judgment of the court below, the elected president of the defendant association C.

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