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(영문) 대법원 2016.12.15 2016수88
국회의원선거무효
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The fact that the Defendant, the representative of the party, decided as the elected person in the election for the National Assembly member in the 20th constituency election for the Seoul Special District District (hereinafter referred to as the “instant election”) in April 13, 2016, which was implemented on April 13, 2016, was significant in this court.

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

Since the ballot counting machine used in the election of this case constitutes an integrated system of a ballot box that prints the ballot counting system and a control computer that controls the ballot counting system, its use is limited to a special election pursuant to Article 5(1) of the Addenda to the Election of Public Officials and the Prevention of Unlawful Election Act ( March 16, 1994), and even if it is a computer system pursuant to Article 278 of the Public Official Election Act, it does not abide by the procedural provisions, such as public relations for the elector and consultation with the political party that forms a negotiating body in the National Assembly, so the election of this case cannot be deemed to have completed the valid ballot counting procedure.

B. Article 150(10) of the Public Official Election Act provides that “The serial number shall be printed on the ballot paper,” and the instant election was used a ballot paper with no serial number printed.

3. Determination

A. An election lawsuit stipulated in Articles 222 and 224 of the Public Official Election Act is a lawsuit seeking an election as a collective act and having violated the provisions regarding an election in a series of processes such as election, and thereby having influenced the result of the election, all or part of the election shall be invalidated.

The purpose of this is to legally implement elections and to properly determine the result of elections, so it is regardless of its own legal interest when the state or public organization acts in violation of the law, i.e., the civil suit as provided by Article 3, subparagraph 3 of the Administrative Litigation Act.

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