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(영문) 수원지방법원 2019.11.20 2019가합13288
선거무효확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The Defendant is an affiliate organization of the E Amateur, a branch of the Korea Amateur established by the former Amateur and the former Amateur pursuant to Article 33 of the former National Sports Promotion Act (amended by Act No. 13246, Mar. 27, 2015).

B. On July 9, 2016, at the general meeting of the Defendant’s representatives held on July 9, 2016, the election of the president (hereinafter “the previous election”) was held, and the Plaintiff was elected as the president.

As to the previous election result of this case, the above court rendered a judgment to confirm that the previous election of this case is null and void on May 19, 2017 in Suwon District Court 2016Gahap7779, which was filed by F against the defendant, and the above judgment became final and conclusive on January 11, 2018.

C. On December 17, 2018, the Defendant’s election commission publicly announced that the election day was held on December 17, 2018 in order to re-election the president. Accordingly, on January 5, 2019, the Plaintiff and F, who registered as a candidate in the election of the president (hereinafter “instant re-election”), obtained more than 18 votes among the Plaintiff and F, was elected as the Defendant’s president.

The defendant's B Association regulations and the president's election management regulations stipulate the election of the president as follows:

[B] Article 19 (Election of Chairperson) (1) The Chairperson shall be elected by the Chairperson.

(2) The Chairperson Selection Organization under paragraph (1) shall be comprised of at least 10 but not more than 150 persons, such as representatives, players, or former players (excluding leaders), leaders (excluding executives and employees of the Association), club members (excluding executives and employees of the Association).

(4) Article 29 (2) through (4) of the Articles of Incorporation of the Korea Amateur Athletic Association shall apply mutatis mutandis to the composition of personnel of the Chairperson's organization under paragraph (3) of this Article.

(5) No. 6) (7) Matters necessary for the election of the president of the Association, such as documents to be submitted for candidate for president, amount of deposits to the Association, etc., shall be separately prescribed by the Korea Amateur Athletic Association by applying mutatis mutandis the said regulations.

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