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(영문) 대전지방법원 2019.01.10 2018가합100988
당선자지위 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is an incorporated association established with automobile maintenance business operators as its members, and the plaintiff is the defendant's member.

B. On January 30, 2018, the election commission affiliated with the Defendant (hereinafter “instant election commission”) held an election to elect the Defendant’s 13th chief director (hereinafter “instant election”), and six candidates including the Plaintiff and C were candidates in the instant election.

C. Meanwhile, the main contents of the Defendant’s Election Management Regulations (hereinafter “instant Election Management Regulations”) are as follows.

Article 7 (Election Commission) An election commission shall be established in a union to efficiently perform the affairs of election management.

Article 8 (Fixed Number of Election Management Members) The number of members of the Election Management Commission shall be as follows:

1. Six members who are the chairperson of the association election commission;

2. An executive secretary (association): One (General Executive Director or a manager) under Article 18 (Witness) may designate one witness from among union members and have him/her witness the current status of investment and ballot counting by registering the current status of investment and ballot counting with the union election commission not later than two days before voting, and the chairperson of the relevant election commission shall issue a certificate of witness under subparagraph 5

Article 23 (Voting Marks) Any mark may be put only on the chairperson, and any of the following cases shall be null and void:

1. Recording in excess of the fixed number;

2. An intermediate mark in which it is illegible;

3. Seals or seals affixed to the principal;

4. Ballot papers;

5. Ballot papers with no confirmation or seal of the chairman of the election commission;

6. Other matters shall be determined by the election commission.

Article 24 (Place of Ballot Counting)

1. The ballot counting shall be made at a voting place, and if there is any inevitable reason, it may be separately determined;

2. No ballot-counting place shall enter any place except a member, witness, or employee of the election commission;

Article 26 (Objection)

1. The members of the election commission have received an objection from a witness with respect to the validity of ballot papers from among the degrees of investment and ballot counting;

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