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(영문) 대구고등법원 2019.05.30 2018나24708
선거 및 당선무효확인
Text

1. Revocation of a judgment of the first instance;

2. The part concerning the claim for confirmation of invalidity of election among the lawsuits in this case shall be dismissed.

3. This.

Reasons

1. Basic facts

A. In order to guide and spread C, the Defendant is a subordinate organization of the B Organization Council established under the D Act, and is an organization that performs socially independent activities. The Plaintiff is the president of the North-gu Council under the jurisdiction of the Defendant.

B. On February 6, 2018, the Defendant held a general meeting of shareholders and held the Defendant’s election (hereinafter “instant election”), and was elected as the Defendant’s president by holding the Plaintiff’s election (hereinafter “instant election”). A candidate with the Plaintiff and E, who received 32 votes, was 29 votes.

C. In the instant election, E, elected as the chairperson of the Defendant, died on December 8, 2018, and the Defendant elected M as the latter president of E on December 24, 2018, and was authorized by the Central Council of Group B (hereinafter “Central Council”) on December 26, 2018.

Article 41 (Appointment of Officers) (1) The chairperson of the City/Do Council and the auditor shall be elected at the general meeting of the City/Do Council, and detailed matters related thereto shall be governed by separate provisions.

(2) The Chairperson of a City/Do Council shall obtain authorization from the National Federation Chairperson.

Article 20 (Resolution of General Meeting) (1) Except as otherwise provided in this Articles of incorporation, a general meeting shall be held with the attendance of a majority of the incumbent members, and pass resolutions with concurrent votes

The purpose of Article 1 (Purpose) of the Election Management Regulations is to prescribe matters necessary for the procedures for election as to the officers elected by the Central Council and City/Do Council, Si/Gun/Gu Council, and Eup/Myeon/Dong Council, which are stipulated by the articles of association of the Central Council of B (hereinafter referred to as the “Central Council”).

The term "elective officers" in Article 3 (elective Officers) 1 shall be as follows:

2. Where it is necessary to elect the chairperson of a City/Do/Do/Council and an auditor, an election commission shall be established in the relevant council for the fair management of election affairs.

(2) The election commission shall not exceed the chairperson.

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