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(영문) 대전고등법원(청주) 2019.01.23 2018나2692
2018년도 총학생회장선거무효확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff A's lawsuit shall be dismissed.

3. The claims of plaintiffs B, C, D, and E are all dismissed.

Reasons

1. Basic facts

A. Plaintiff B, C, D, and E are students enrolled in H Campus (hereinafter “instant university”), and the Defendant is an organization consisting of students enrolled in the instant university, etc.

B. On October 2017, the National Election Commission of the instant university publicly announced the election for the president of the total student in 2018 (hereinafter “instant election”), and set the period of registration of candidate from November 1, 2017 to November 3, 2017, and the J registered as candidate for the president of the relevant university.

C. On November 20, 2017, the above National Election Commission was planned to introduce and implement a mobile voting system in accordance with the Regulations on Election Campaign Regulations by the National Election Commission of the pertinent University (hereinafter “Rules on Election Campaign Regulations”). On November 20, 2017, the above National Election Commission publicly announced that the voting day will be extended if the ballot counting requirements as of November 15, 2017 are not satisfied as of November 29, 2017 as a result of the instant University’s General Rules on Election Campaign (hereinafter “Rules”) amended in the second semester and the National Election Commission’s meetings.

Since then, the instant election was held on both days from November 28, 2017 to December 29, 2017, and the National Election Commission, on November 29, 2017, promulgated that the election period was extended by November 30, 2017, on the grounds that the voting rate based on the base rate of November 15, 2017 during the election was less than 50%, and that the saidJ was elected as the president of the total student of the instant university on the same day on the same day.

E. On December 1, 2017, 19 students including Plaintiff C filed an objection under Article 38 of the Election Regulations with the National Election Commission on the instant election result. On December 5, 2017, the National Election Commission notified that the said objection was dismissed through text messages to the said 19 persons on December 5, 2017, and on December 6, 2017, J announced the instant university president as the elected person.

[Ground of recognition] Unsatisfy, Gap evidence 3 to 5 respectively.

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