[1] The meaning of "when it is deemed that the result of the election had influenced" under Article 224 of the Act on the Election of Public Officials and the Prevention of Election Malpractice

[2] The case holding that although there was a violation of the provisions regarding the election in the process of re-verification of the City Council member's election, such violation cannot be seen as having influenced the result

[1] Article 224 of the Act on the Election of Public Officials and the Prevention of Election Malpractice provides that "the election commission, the Supreme Court, or the High Court, which received a petition or a complaint, shall decide or render a decision on the invalidation of all or part of the election or the invalidation of election even if there is a fact that there is a violation of the provisions concerning the election in an election lawsuit," and "the case where it is recognized that the result of the election had an effect on the result of the election" refers to the case where it is recognized that the result of the election would have an effect on the election if there is no violation of the provisions concerning the election, that is, the case where

[2] The case holding that although the result of the election of City Council members was announced and the result was corrected and announced as a result of the other candidate's objection and the elected person was decided, the chairman of the election commission did not complete the procedure of sealing ballot papers and left the ballot-counting place, the Secretary-General opened the ballot-counting place in the process of sealing without following the legal procedure and opened the ballot-counting place at his discretion without using the prescribed ballot-counting assistants, it did not have an influence on the result of the election.

[1] Article 224 of the Act on the Election of Public Officials and the Prevention of Election Malpractice / [2] Article 224 of the Act on the Election of Public Officials and the Prevention of Election

[1] [2] Supreme Court Decision 79Da4 delivered on July 10, 1979 (Gong1979, 1214), Supreme Court Decision 85No1 delivered on September 10, 1985 (Gong1985, 1359), Supreme Court Decision 96No59 delivered on November 22, 1996 (Gong197Sang, 105)

Plaintiff (Attorney Hong-chul et al., Counsel for the plaintiff-appellant)

The chairman of the Songpa-gu Election Commission

Seoul High Court Decision 98No69 delivered on February 23, 1999

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

Article 224 of the Act on the Election of Public Officials and the Prevention of Election Malpractice provides that "the election commission, the Supreme Court, or the High Court, which received a petition or a complaint, shall decide or render a judgment on the invalidation of all or part of the election or the election even when it deems that there has been a violation of the provisions concerning the election in an election lawsuit, even though the result of the election has influenced the result of the election." The term "when it is deemed that the result of the election has influenced the result of the election" means the time when it is deemed that the result of the election, that is, the result of the election, that is, the actual result of the election, would have occurred if it had not been violated (see Supreme Court Decision 96No59, Nov. 22,

On June 4, 198, the court below opened the plaintiff's ballot counting procedures for the election of the non-party 4 members of the Songpa-gu Seoul Metropolitan Government, and completed 02:30 on the following day, and the defendant returned to all ballot-counting assistants pursuant to the ballot counting table; the plaintiff published 16,35 votes and 16,14 votes; and the result of the ballot counting was reported to the head of the election commission as more than 191 votes; the secretary general posted the ballot-counting procedures for the ballot counting at the ballot-counting place; the defendant did not seal the non-party 6's ballot-counting office's ballot counting procedures for the remaining ballot-counting place; the result of the ballot counting of the non-party 9's ballot-counting office's ballot-counting of the non-party 9's ballot-counting office's ballot counting procedures for the first ballot-counting of the non-party 9's ballot-counting office's ballot-counting of the non-party 666 and 67's ballot-counting.

Therefore, the appeal is dismissed as it is without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.

Justices Shin Sung-sung (Presiding Justice)