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(영문) 수원지방법원 평택지원 2017.01.12 2016가합8284
당선무효확인의소
Text

1. The Defendant’s election of the branch president of the Korean Senior Citizens Association, which was implemented on July 24, 2015, is limited to the elected person as the branch president of the branch president of the Korea Senior Citizens Association.

Reasons

1. Basic facts

A. The Korean Senior Citizens Association (hereinafter “Korea Senior Citizens Association”) is an incorporated association with the primary purpose of expanding the rights and interests of the elderly and improving the welfare of the elderly. The defendant is a non-corporate association comprised of members of the Korean Senior Citizens Association of 65 years of age or older who reside in F City among the members of the Korean Senior Citizens Association. The plaintiffs are the defendant's members.

B. G and E registered as a candidate for the president of the Defendant’s branch on July 9, 2015.

The Defendant: (a) decided July 9, 2015 to July 23, 2015; (b) decided to carry out an election campaign; and (c) decided to carry out an election campaign on July 24, 2015 (hereinafter “instant election”); (d) 444 of the number of electors (464), and (e) decided to obtain 207 votes (46.62%) and E obtained 237 votes (53.37%) to be elected as the president of the branch.

Article 21 (Prohibition of Election Campaign Period and Preliminary Election Campaign) (1) An election campaign may be carried out from the time when the registration of the candidate concerned is completed to the day before the election day.

(2) No election campaign shall be conducted during the election campaign period other than that under paragraph (1).

Article 25 (Prohibition of and Restriction on Election Campaign) (1) A candidate, election campaign worker, or elector shall not commit any of the following acts in connection with an election:

4. Demanding, offering, or promising to offer money, valuables, entertainment, food, property interest, or a public or private job in connection with an election;

5. An act of conducting an election campaign at a time other than the election campaign period, when anyone, such as a candidate or an election campaign worker, an elector, or a nonmember, is recognized to have influenced the result of the election by recognizing the obvious evidence of an illegal election campaign in violation of this provision, he/she may take any of the following dispositions:

1. Warning for disclosure;

2. Nullity of candidate registration;

3. Nullity of election;

C. Election of the chief of the Korean Senior Citizens Association at all levels as applied to the instant election and election management regulations (hereinafter “election management regulations”).

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