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(영문) 전주지방법원정읍지원 2019.09.18 2019가합2228
조합장당선무효확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a district association established pursuant to the Fisheries Cooperatives Act, and the plaintiff is a person who registered as a candidate for the head of the association in the election of this case and died.

B. On March 13, 2019, the Defendant’s election result of the instant election and the decision of the winner, etc. (i) the election of this case selected by the head of the Defendant’s association on March 13, 2019, is subject to the Act on Commissioned Election,

(2) The Plaintiff and C obtained 1,316 votes in the total number of 4,515 votes, and C obtained 1,316 votes, respectively. (2) The Defendant obtained the same number of votes between the Plaintiff and C, and the Defendant decided C as the elected person by the head of the Defendant partnership.

(hereinafter “Decision on the elected person of this case”)

The plaintiff raised an objection against the validity of the election of this case to the election commission of Jeollabuk-do pursuant to Article 55 of the Commissioned Election Act.

On March 20, 2019, the Election Commission of Jeollabuk-do verified that the number of votes obtained at the time of initial ballot counting corresponds to the number of votes obtained at the time of initial ballot counting.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Among the ballot papers classified as obtained by C in the election of this case by the Plaintiff’s assertion, ① a doubtful ballot paper (No. 1; hereinafter “1 voting paper”) is included in the voting paper, ② an unclear ballot paper (No. 2; hereinafter “the second ballot paper”) as to which candidate’s column is indicated, and “each ballot paper of this case” refers to the first ballot paper and the second ballot paper.

Therefore, the decision on the elected person in this case is null and void, since the plaintiff obtained more votes than C if the votes in this case are excluded from the votes obtained by C.

3. Determination

A. The Public Official Election Act is to administer voting and ballot counting such as public organizations.

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