2013Du9660 Nullification of the election

Kim 00

The council of occupants' representatives of Suwon 200

Representative Chairman Senior 00

May 27, 2014

June 17, 2014

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On August 17, 2012, it is confirmed that the result of the Dong representative election of the Cheong-gu and the defendant working in the Gu office is null and void.

1. Basic facts

A. The election management rules and the management rules of the Suwon 200 World Cup are the council of occupants' representatives comprised of the occupants of the second apartment in Daegu Yeong-gu located. The main contents of the election management rules and the management rules are as follows: (a) the regulations of the election management committee of the Suwon 200 which were enforced and applied since December 21, 2010 (hereinafter referred to as the "election management rules") and the following.

(1) Election Management Regulations

[Provisions of the Election Commission of Susung 2) and Article 2 (Application] of the Housing Act (hereinafter referred to as the "Decree") shall apply to the election of the president of the council of occupants' representatives, auditors and representatives for each Dong under Article 50-2 of the Enforcement Decree of the Housing Act (hereinafter referred to as the "Decree").Article 3 (Management of Election Affairs) and (1) of the election affairs shall be managed by the election commission in accordance with these regulations and the Housing Act, Decree, and the Enforcement Decree and the Management Rules, but if not determined, the election commission may determine the necessary matters pursuant to the Public Official Election Act to the extent that it does not go against its nature.Article 16 (Registration of Candidates) and (1) of the Election Act shall apply for the registration of an executive officer of the council of occupants' representatives in accordance with the attached Form 4 (hereinafter referred to as the "Registration Period for Election of Representatives"), from the 11th day before the election day in the case of the election of representatives of each Dong (hereinafter referred to as the "Registration Period for Election").

2.(2) If it is found that the registration of a candidate is not submitted pursuant to the provisions of paragraph (1) of this Article, the candidate shall be given an opportunity to give an explanation for a specified period of time to the candidate, but if there is no explanation or there is no valid explanation (defensive explanation), the registration of the candidate shall be invalidated.(3) If the registration of the candidate becomes null and void, the candidate shall be notified clearly of the reason therefor. The term "Visits voting" means to vote by door-to door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, if the representative of the building is only one, and if the election commission finds that there is an obvious error in the decision of the elected person, it shall be notified without delay to correct the decision of the elected person and notify all and the elected person.

(ii) the management rules;

Article 17 (Grounds, etc. for Disqualification of Representatives of Dong) No person who falls under any of the following subparagraphs shall be a representative of Dong. 6. A person elected by fraud or other improper means:

Article 35 (Term of Office, Disqualification, etc.) (1) The term of office of members shall be two years from the date on which they are commissioned, and they may be reappointed, and the term of office of the chairperson shall be until the date on which the term of office of the members expires:

B. The defendant's election of representative by Dong

1) On July 27, 2012, the Defendant organized the first election commission based on Article 50-2 of the Enforcement Decree of the Housing Act. On August 1, 2012, the first election commission announced the election of representatives from each Dong and the election day of each Dong (the election and ballot counting date: August 17, 2012), and made a false public announcement of the candidate’s personal summary records (academic background, career, etc.), stating that the election becomes invalidated. By the seventh day of the same month during the candidate registration period, the Defendant made a false public announcement of the candidate’s registration of 201, 202, 203, 205, 205, 206, 207, 208, 208, the remaining 209, 210, 210, 211, and 201, the Defendant made a false public announcement of the candidate’s registration of the candidate’s general election of members from each Dong and 2015.

2) On August 31, 2012, the Defendant organized the second election commission. On September 7, 2012, the Defendant again announced the election of representatives from each Dong. The second election commission made a visit vote for each candidate from September 9, 2012 to September 10, 201, and for each candidate from September 12, 2012 to September 12, 2012, the Defendant paid a certificate of election to each winner on September 14, 2012. The second election commission made a visit vote for each candidate on September 23, 2012, and paid a certificate of election to each candidate on September 14, 2012. The second election commission paid a certificate of election to each candidate on September 23, 2012.

The detailed details of the public announcement on the elected persons of the representative of each Dong (hereinafter referred to as "the elected persons of the Dong in this case") shall be as follows:

A person shall be appointed.

3) After that, on September 26, 2012, all of the members of the second election commission of the 205 Sewol ferry, Kim △△△△△, retired in a lump sum, and the election of executive officers was suspended. On October 26, 2012, the third election commission was organized, but this was also constituted of the third election commission on October 26, 2012, which led to the withdrawal of all the members on November 19, 2012. The fourth election commission was organized on April 19, 2013, and the commission was composed of five members, including the Plaintiff, who is the chairman.

4) On August 13, 2013, the fourth election commission, based on Article 17(1)3 of the Election Management Regulations, publicly announced that a certificate of final academic background of the same representative should be submitted to the same 30th day, and on the 31st day of the same month, six persons who failed to submit a certificate of final academic background among each of the same representatives (Do○○, ○○, Kim ○, Kim Il, ○○, and Kim 00, and publicly announced that the election becomes invalid.

D. The head of ○○, among the winners of the Dong Dong-dong, entered that false academic background had graduated from a creative and commercial high school on the application for candidate registration, and the head of ○○ stated that all the two persons graduated from the Hoan High School, but did not graduate from each school. The ground for recognition was without any dispute, and the purport of the entire arguments and arguments stated in Gap’s Evidence Nos. 1, 8, 9, 12 through 24 (including the numbers with various numbers; hereinafter the same shall apply), Eul’s Evidence Nos. 2, 4, 10, 13 through 33.

2. The assertion and judgment

A. The parties' assertion

1) The plaintiff's assertion

According to Article 17 (1) 2 of the Election Management Regulations, the Plaintiff, the chairman of the 4th Election Commission, requested the instant representative elected persons to submit a certificate of final academic background, but the instant representative elected persons did not comply with it, and some of the representative elected persons stated false academic background, which constitutes grounds for invalidation of election (as seen earlier, the Plaintiff sought confirmation of invalidity of the result of the election of the representative elected by the Defendant on August 17, 2012, but on the above date, the election of the representative was not held, and therefore, the Plaintiff’s claim is confirmed as to whether the election of each of the above representatives and the announcement of election were invalid).

2) The defendant's assertion

The fourth election commission does not have the authority to decide on the elected representative, as it is organized in order to take charge of the election of executive officers, such as the chairperson. Even if there is authority to do so, all the documents according to the schedule of election of the representative of the first election commission and the public announcement of election of the representative of the first election commission, and the documents were submitted by the first and second election commission, and the candidate registration was made after the examination of documents was conducted by the first and second election commission, and the legitimate receipt of the certificate of election was made, the decision on the election of the representative of the Dong in this case is valid. Moreover, there was no provision that the certificate of final academic background should be submitted in the public announcement at the time, and there was no provision

(b) Markets:

1) Whether a decision on the invalidation of election falls within the scope of the authority of the election commission in the fourth place

First of all, Article 36 of the Management Rules provides that the election management duties concerning the election of the representative of each building (No. 2), the confirmation of the grounds for disqualification of the representative of each building (No. 4) under each subparagraph of Article 50(4) of the Enforcement Decree of the Housing Act, and other duties concerning the election management (no. 9), etc. shall be conducted as the duties of the election commission. Article 16 of the Election Management Rules provides that the authority to examine qualifications and required documents regarding the application for the registration of candidates to the election commission shall be granted. Article 17(1) of the Election Management Rules provides that when it is found that the submission of documents pursuant to the regulations is not made invalid (No. 2) and Article 46 of the Election Management Regulations provides that the election commission may correct and notify the decision on the elected person where the election commission

In light of the above provisions and Article 35(1) of the Management Rules, it is reasonable to view that the 4th election commission has the same authority as the 1, 2, and 3th election commission and the 1, 2, and 3th election commission members with the same authority as the 1, 2, and 3th election commission and the 1, 2, and 3th election commission have the right to continue to perform the business related to the 1, 2, and 3rd election, which the 1, 2, and 3th election commission had been performing.

However, even if an election management authority for the election and dismissal of a representative held by the election commission in accordance with the election management regulations and the above provisions of the management rules, it is deemed that the election and dismissal of the representative should be made through the election, so it is difficult to view the fourth election commission as having the authority to make a decision to invalidate retroactively the election decision of the representative that has already received the election certificate by the decision of election of the second election commission, and that the false academic background of disqualification for each building under each subparagraph of Article 50(4) of the Enforcement Decree of the Housing Act is not stipulated, and it is unclear before the decision of invalidation is made by the competent agency to determine whether a false academic background constitutes grounds for invalidation of the election, and thus it cannot be deemed that there is an obvious error in the decision of the elected person. In light of the above, it is reasonable to deem that the fourth election commission does not have the authority to make a decision to invalidate the election decision

Therefore, the fourth election commission's announcement that the decision on the elected person is invalid is invalid. Therefore, the defendant's above assertion is justified, and the plaintiff's assertion against this is without merit.

2) Whether there exist grounds for determining the invalidation of election

Even if the fourth election commission has the authority to decide the invalidation of the election of the representative, as alleged by the plaintiff, the grounds for invalidation of the election should exist in order to determine the invalidation of the election of the representative elected in this case. Therefore, this paper examines whether the grounds for invalidation of election exist.

In a case where there is a reason in violation of the Acts and subordinate statutes, the relevant election does not become null and void merely on the ground that there is a reason in violation of such Acts and subordinate statutes, and only if it is recognized that the freedom and fairness of election, which is the basic ideology of the election, has been considerably infringed and thereby has influenced the result of the election, is null and void (see Supreme Court Decision 2003Da11837, Dec. 26, 2003).

As to the assertion regarding the false academic background, it is acknowledged that the above school was graduated from the application form for candidate registration that the head of 00 among the representatives elected did not graduate from the commercial high school, and that ○○○ graduated from the above school without graduating high school. However, the following circumstances revealed by the above recognized facts and the above evidence are as follows. In other words, the candidate registration application form for the election of this case can be confirmed only with documents submitted to the election commission by the candidate, and it is not announced to the resident who is the voting right holder, and there is no basis to regard the final academic background as included in the documents to be submitted to the election commission at the time of application of the candidate, and it is difficult to view that there is no provision on restriction of academic background at the time of application for the candidate representative, and that the false academic background does not constitute grounds for disqualification or dismissal of candidates under the Enforcement Decree of the Housing Act, and that the term of office of the above candidate is more than 10 years from the election of this case to the 20th election without the election of this case.

Therefore, the plaintiff's assertion that the decision of election is null and void is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

The presiding judge, judge and auditor;

Judges' right Maternity Maternity Leave

The presiding judge

Judges

Judges Limited