208No. 52 Invalidity of an election

Integrated Democratic Party

Dongsan-dong 6 Seoul Metropolitan Government 121 - 147 Integrated Building

Representative Equitable

Attorney Park Jae-soo, Counsel for the defendant-appellant

Yeongdeungpo-gu Election Commission Chairperson

7 Young-dong 7, Yeongdeungpo-gu, Seoul Metropolitan Government 47 - 3 5 floors in the Gangnam Building

Law Firm M&A, Attorney Park Jong-young, Counsel for the plaintiff-appellant

September 25, 2008

November 13, 2008

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

On April 9, 2008, the 18th election district for the election of the National Assembly members of Yeongdeungpo-gu, which was implemented on April 9, 2008.

1. Basic facts

The fact that the non-party (hereinafter referred to as the "non-party") recommended by the non-party (hereinafter referred to as the "non-party") who was recommended by the non-party 35,151 and the Plaintiff’s Integrated Democratic Party (hereinafter referred to as the "Plaintiff’s political party") in the 18 Yeongdeungpo-gu Election for the National Assembly Members of the 18th Young-gu Election for the 19 April 2008 (hereinafter referred to as the "the election of this case") that was recommended by the Non-party 1, the 34,163 votes, the 3,352 votes, the 7,072 votes recommended by the candidate recommended by the Democratic Labor Party, the 7,072 votes recommended by the non-party 1, the 195 votes, and the fact that the non-party, who was the largest number of votes, was decided as the elected party does not conflict between the parties.

2. The plaintiff's assertion

The plaintiff asserts that the election of this case is null and void since the non-party published the non-party's academic background on the non-party's parliamentary report, etc., which cannot be entered in the election campaign bulletin for the purpose of getting himself to be elected in the above election, "the non-party is not a regular academic background, and the non-party was not a Japanese specialty of the elected president, but a Japanese specialty, and the non-party published false facts as to academic background and career in the career column of the above promotional materials, etc. in the career column of the above promotional materials, etc., "The non-party published false facts as to academic background and career by stating that the elected president is "the non-party", while revising the book-type election campaign bulletin for the non-party who already submitted to the election commission of Yeongdeungpo-gu, the two pages of the election campaign bulletin for each household submitted by re-revision and the method of posting two pages are different from that of the above non-party's election campaign bulletin for the above non-party, thereby making two pages of the election campaign bulletin for each household.

3. Determination

First, as to whether the Nonparty published false facts as to the academic background, the Nonparty’s overall purport of the pleadings is comprehensively taken into account the written evidence Nos. 1 and 2 as to whether or not the Nonparty published false facts as to the academic background, from March 2, 200 to March 2, 2004.

3. Until December 22, 200, the non-party was enrolled in the course of four semesters in the course of study in the course of study in the course of political, diplomatic, and international, political, and doctorate course in the course of study, and the non-party was found to have "the fact that "the non-party stated that it was "the four-year course of study in the political, political, and academic, academic, and academic, academic, and academic, academic, academic, and website of the IT University". As long as the non-party was enrolled in the course of study in the political, diplomatic, and international political, academic, and academic, academic, academic, and academic, academic, academic, and website of the university, the non-party was not a false academic, nor a matter other than the regular academic, academic, academic, academic, and academic, academic, academic, academic, and academic, academic, academic

Next, comprehensively taking account of the overall purport of arguments as to whether the Nonparty published false facts about the career of the president, the elected President of the Republic of Korea sent special delegations to the highest leader of the United States, Japan, China, and Russia prior to his presidential appointment to explain the elected person's external policy, and the Japanese special delegations were composed of the president of the National Assembly, the non-party, member of the Republic of Korea, and professor of the Foreign Diplomatic Security Academy, etc. who made him visit Japan between 3 and 400 days ( January 15, 2008 - January 18, 2008). However, it is difficult for the National Election Commission to acknowledge that the non-party's act of expressing that the non-party's special election did not constitute the non-party's act of expressing the special candidate's career as the non-party's special election campaign report or the non-party's act of expressing the special candidate's personal history based on the premise that the non-party did not have any influence on the appointment and authority of the elected.

Finally, comprehensively taking account of the overall purport of the pleadings as to whether the non-party produced two kinds of election campaign bulletins, the non-party entered the career and academic background that are not included in the candidate information disclosure data in the book-type election campaign bulletin for non-resident that was first submitted by the defendant on the part of the defendant, and the non-party added the upper part of the second page of the election campaign bulletin that was entered in the career and academic background to a white paper. The non-party again corrected the book-type election campaign bulletin for each household, the non-party added the upper part of the first election campaign bulletin that was at issue to the non-party again deleted the upper part of the two pages of the election campaign bulletin which was at issue and opened up to the lower part. The non-party did not add any other contents in the election campaign bulletin for each household, but merely corrected the illegal part to the first election campaign bulletin, and it cannot be deemed that the election campaign bulletin for the same kind No. 2 was made without changing the previous election campaign bulletin method and content. Thus, the non-party's assertion on this part is without merit.

4. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the costs of lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Nung-hwan

Justices Yang Sung-tae

Justices Park Si-hwan

Justices Park Il-hwan