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(영문) 전주지방법원 정읍지원 2011.01.13 2010고정134
정당법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Although anyone charged with the facts charged is unable to establish an office of the party members council, etc. for the operation of subordinate organizations of a City/Do party, the defendant, as the chairperson of the local committee of the Si/Gu/Eup/Myeon of the Jeollabuk-do City City of Jeollabuk-do from May 6, 2008, installed the D office located in the Dong office of Jung-gu from May 6, 2008, such as telephone, facsimile, computer, conference room, etc., and then, members on active duty as members from the Dong office located in the Dong-Eup area B were gathered by members on the contents of the party members consultation proposed by the Jeollabuk-do Party of the Dong-Eup area or the party members consulted from the Jung-do Party of the

2. According to the evidence of the prosecutor's examination as to the above facts charged, it is acknowledged that the defendant, the chairperson of the local committee of Jung-gu City City, Jeollabuk-do, Jeollabuk-gu, Jeollabuk-do, established an office under the name of "Do Association D" around May 2008. The above office had one full-time female employee, one non-standing adviser, one secretary general, one secretary general, and one head of the public service center. The defendant, around August 2009 at the above office, held a meeting to take measures to prepare the party members' rally with B, etc. at the above office. The fact that the banner, etc. was posted within the above office, and some of the City Council members belonging to B stated the above office as the defendant's personal office and the defendant stated as the party office, and in case of D, it appears that there was no specific activity other than preparation as an incorporated association, such as the preparation of articles of association.

However, the purpose of the Political Parties Act and the purport of Article 37(3) thereof (the establishment of a party members' council and the establishment of a human organization, but the prohibition of the operation of physical facilities, such as offices), the party constitution and party rules of B, and the establishment and operation of a party members' council such as a local committee, etc., which can be known by the public trial and records in this case.

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