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(영문) 수원지방법원 성남지원 2018.04.24 2017가합408847
선거무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is the defendant's trade union B (hereinafter "the defendant's union"), which runs information and communications business, and the plaintiff is the member of the defendant's association.

B. On November 1, 2017, the chairperson of the defendant association announced a convocation announcement to hold a general meeting of members for the election of the chief organized representatives of each level of the defendant association (the chairperson and the chairperson of the local headquarters) at a voting place within each branch from November 17, 2017 to November 17, 2017. On the same day, the representative member of the defendant association announced the term of registration of the candidate for the election of the chairperson by November 1, 2017 to November 3, 2017.

C. On November 17, 2017, as scheduled, the Defendant Union opened a general meeting of its members and held an election of the chairperson and the chairperson of the local headquarters of the Defendant Union (hereinafter “instant election”). On November 20, 2017, the representative election management committee members of the Defendant Union announced the candidate C as the elected person of the 13th National Assembly.

§ 15 (Organization) of the Code shall have the following meeting organizations:

3. The Central Committee under Article 33 shall deliberate and decide on the following matters:

8. Matters concerning the organization of the National Election Commission (1) The election of the representatives of various levels of organizations shall be made by direct, secret, and unsigned ballot among the members (including re-voting) between November 1 and December 10 of the year in which their terms of office end;

Article 50 (Term of Office) The term of office shall be three years and may be renewed consecutively, and the term of office of officers and executives appointed shall be the remaining term of office of his predecessor.

Provided, That where the representatives of various levels of organizations have not been elected pursuant to Article 48 (1), the terms of office shall be deemed expired from the date on which their successors are elected.

Article 3 (Election Management Regulations) (1) Unless otherwise prescribed, the National Election Commission shall administer general election affairs.

Article 6. Representatives of organizations of all levels.

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