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(영문) 서울동부지방법원 2017.07.13 2016가합110695
선거무효 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The defendant is an incorporated association established by the consolidation of the D organizations established under Article 33 of the National Sports Promotion Act and the E organizations established under Article 7 of the Sports Promotion Act, and the plaintiff was a candidate for the election of the chairperson stated in the claim.

On October 5, 2016, the Defendant decided to elect a new president (hereinafter referred to as “instant election”), and entrusted the National Sports Promotion Act and its articles of incorporation (hereinafter referred to as “Central Election Commission”) with the overall affairs pertaining to the management of election except the affairs relating to the preparation and confirmation of the electoral registry, thereby proceeding with the instant election procedure.

The Defendant Election Management Committee shall recommend candidates for electors from members' organizations and City/DoF and Si/Gun/GuF, who are affiliated with the Defendant, and prepare a list of candidates for electors; and then, the number of electors by specified organization shall be drawn up in random, and the list consisting of 1,405 electors in addition to the Defendant’s representatives shall be set up as the list of voters in this case.

(1) The election of this case, which was enforced on October 5, 2016, was prepared. The number of votes (acquisition rate) obtained by each candidate for the number of votes (acquisition rate) was elected as the chairperson after obtaining 294 votes from among the total valid votes 892 votes, and the defendant decided C as the elected candidate. The result of the election of this case is as follows. The defendant's articles of incorporation and the regulations on the election management of the chairperson of the defendant's association (the chairperson of the defendant's association) are as follows:

(2) The Chairperson Selection Organization shall be comprised of the following persons:

1. Representatives under Article 14 (1) and (2);

2. A person who is selected by lottery from among those recommended by a member's association (excluding a recognized organization);

3. City/Do F.

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