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(영문) 의정부지방법원 2019.01.23 2018가합51744
선거무효
Text

1. It is confirmed that the election of the president of the branch of the defendant that was held by the defendant on March 2, 2018 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The defendant is an incorporated association C.

In March 2, 2018, Plaintiff, D, and E registered as a candidate for the Defendant’s chapter president election to be implemented.

B. Around March 1, 2018, the clerk F of the Defendant Election Commission sent a text message to the Plaintiff stating that “I candidate A who is known to the Election Commission: the registration invalidation, D: the registration invalidation, and E candidate warning should be known to the Plaintiff.” On March 2, 2018, the Defendant Election Commission publicly announced the registration invalidation of the candidate against the Plaintiff as follows.

The following candidates in the G election held on March 2, 2018 shall be publicly announced as invalid on February 28, 2018 (hereinafter referred to as the "Public Notice") by the candidate:

The name of candidate on March 2, 2018: A

2. Date of birth: H (72 years of age);

3. Date of invalidation of registration: February 28, 2018: Giving false testimony to employees and giving false testimony.

C. The Defendant’s branch president’s election was held on March 2, 2018.

(hereinafter “instant election”). Of 131 electors, 211 of the instant election appears at the meeting of 228 electors, 80 of them participated in voting, the Plaintiff obtained 68 marks, 4 marks, 53 marks, and 7 marks from among 131 persons who participated in voting, and the Defendant Election Commission publicly announced the elected candidates on the same day.

The provisions relating to the election of the president of the branch of the defendant are as follows:

Article 2 (Application and Application Mutatis Mutandis) of the Regulations on the Election of Heads of Class VI of the Operational Regulations of Incorporated Associations shall apply at the time of election of the plenary session president, president of the Federation, director of the Federation, director of the Federation, and director of the branch

Article 17 (Invalidation of Registration) ① When it is found that a candidate is not qualified as a candidate after the registration of a candidate, and when the requirements for loss of candidate occur, such a record shall be invalidated.

(2) A candidate who wishes to invalidate the registration as provided in paragraph (1) shall be given an opportunity to make an explanation for a specified period fixed.

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