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(영문) 창원지방법원 2014.10.29 2013가합34044
선거무효 등 확인의 소
Text

1. On September 27, 2013, the Defendant is elected at the fifth chapter president of the Changwon Branch Maintenance Committee of the Korea Metal Trade Union.

Reasons

1. Basic facts

A. The Changwon Branch Maintenance Committee of the Korea Metal Trade Union Sub-Section B (hereinafter “instant sub-chapter”) is an affiliated organization of the Defendant, and the Plaintiff, C, and D are the parties who were sent to the instant sub-chapter’s election on September 27, 2013 (hereinafter “instant election”).

나. 이 사건 선거의 제1차 투표에서 과반수득표자가 나오지 않자, 이 사건 지회의 선거관리위원회는 제1차 투표에 이어 곧바로 최고득표자인 원고, C에 대하여 2차 결선투표를 실시하였다.

C. The above election commission that determined that all members of the two ballot boxes completed the second ballot, and that the members of the association completed all of the voting, according to the direction of the chairman, E, election management members F, and G moved ballot boxes to the ballot counting table.

When an election management member opens a ballot box and opens a ballot box, H, who was a witness of the plaintiff, found the fact that he did not cast his vote, and he entered the balloting booth with a ballot paper after signing his name on the electoral registry.

E. The election management member G, who entered the balloting booth, asked whether the Plaintiff’s witness would be recognized as E’s mark to the H and C witness who was the Plaintiff’s witness, and H said member verbally recognized as E’s mark, and I did not express any objection, but did not raise any particular objection.

F. G sought to confirm that the witness “I will recognize this forum ticket”, and E stated at the balloting booth that “I will be fine” and read to the witness, and put his mark on the ballot-counting table.

G. As a result of the ballot counting of the above secondary voting, Plaintiff 58 votes and C59 votes were aggregated, and the election commission of the instant branch publicly announced C as the winner.

H. Accordingly, the Plaintiff raised an objection to the said election commission in accordance with the Rules on the Management of Executive Officers, but the said election commission.

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