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(영문) 부산고등법원 (창원) 2017.04.26 2014수39
자치구/시/군의장선거무효
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. In the B market election conducted on June 4, 2014 (hereinafter “instant election”), the fact that the Defendant, the representative of the Defendant, determined the D candidate for the recommendation of the Cparty as the elected person is significant in this court.

2. The plaintiff asserts that the election of this case is null and void for the following reasons. A.

As the ballot counting machine used in the election of this case constitutes a computer system, the use of it is permitted pursuant to Article 5 of the Addenda to the Election of Public Officials and the Prevention of Unlawful Election Act ( March 16, 1994). However, since the ballot counting is not a special election, it is defective in the ballot counting procedure because the election of this case was carried out by the computer system.

(b) The number of votes obtained by each candidate under Article 178 (3) of the Public Official Election Act shall be publicly announced by the chairman of the Gu/Si/Gun election commission in the voting district in accordance with the ballot counting table compiled and prepared by voting district; all members of the Gu/Si/Gun election commission present at the voting district shall inspect the number of votes obtained before the public announcement and sign and seal it in the ballot counting table; however, the ballot counting table is invalid only when the members of the election commission present at the time of the election in this case are affixed with seals

C. Article 215(1) of the Public Official Election Act provides that as a ballot-counting witness in the simultaneous elections, eight persons shall be selected and reported by each political party that recommended a candidate, and two independent candidates shall be selected and reported by the independent ballot-counting witnesses. However, the above number of the above number of ballot-counting witnesses are not guaranteed by the normal ballot-counting witness, and the above law is in violation of the Constitution, and as such, the election of this case is null and void.

3. Determination

A. The election lawsuit stipulated in Articles 222 and 224 of the Public Official Election Act is related to the election during the series of elections.

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