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(영문) 서울행정법원 2018.06.08 2018구합2414
국민투표 등 무효 확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. On March 10, 2017, the Constitutional Court of Korea asserted by the Plaintiff (Appointed Party; hereinafter “Plaintiff”) rendered a decision to dismiss the President Park Jong-young on March 10, 2017 (hereinafter “instant decision”). The instant decision is null and void since it was made in accordance with the arbitrary constitutional interpretation of the Constitutional Court of the Republic of Korea, even though it did not meet the requirements for impeachment of the President Park Jong-Hy, while one Justice was vacant.

Despite the invalidity of the instant decision, the Defendant National Election Commission, as an affiliated organization of the Defendant Republic of Korea, held the 19th presidential election of the Republic of Korea on May 9, 2017, based on the premise that Park Jong-Hy was dismissed by the impeachment by the President of the Republic of Korea, and as a result, confirmed that the Defendant Jae-in was elected as the President

Therefore, the above election of the President on May 9, 2017, which was made on the ground of the invalid decision in the instant case, is also null and void, and the defendant Jae-in elected as the President by an invalid presidential election does not have the authority as the President.

Accordingly, the Plaintiff and the designated parties, who are nationals of the Republic of Korea, filed the instant lawsuit against the Defendant Republic of Korea and the Defendant National Election Commission to confirm that the presidential election executed on May 9, 2017 was invalid, and to verify that there was no authority of the President over the Defendant Jae-in elected by such presidential election.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Determination

A. 1) The Plaintiff sought the invalidation of the election of the 19th President of the Republic of Korea on the grounds of the defect in the decision of this case, not the internal procedural defect in the election of the 19th President of the Republic of Korea. As such, the instant request for the confirmation of invalidation of the election of the 19th President is asserted as a lawsuit separate from the election lawsuit or the election lawsuit under the Public Official Election Act. 2) The Public Official Election Act provides a prompt confirmation of the elected status.

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