Eligibility for party in a lawsuit for winning a member of the National Assembly

In a lawsuit for the election of a National Assembly member, only a political party or candidate shall be standing to sue, and when a lawsuit is brought against a person on the grounds of illegality in the decision of election as provided in Article 129(4) of the Election of National Assembly Members Act, the

Articles 129(4) and 143 of the Election of National Assembly Members Act

Plaintiff

Busan City Election Commission Chairperson ○○○ et al., and 3 others, Counsel for the defendant-appellee, mediation system, and Go Young-gu, Counsel for the defendant-appellant

June 24, 1981

The plaintiff's lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

In the election for the National Assembly member in Busan City, the election commission in Busan City on March 25, 1981 shall invalidate a decision made by Defendant 2 and Defendant 3 as the elected person.

First, we examine the legality of the lawsuit in this case.

Article 143(1) of the Election of National Assembly Members Act provides that "a political party or candidate who has an objection to the validity of a political party may file a lawsuit with the Supreme Court against the elected person as defendant within 30 days from the date of the decision on election: Provided, That where a lawsuit is brought for the reason of illegality of the decision made under Article 129(1) and (4), 130 or 132(1), the chairperson of the relevant election commission shall be the defendant." Thus, where only a political party or candidate is eligible for the plaintiff, and a lawsuit is brought for the reason of illegality of the decision made under Article 129(4) of the same Act, the chairperson of the relevant election commission shall be the defendant.

In this case, in the election of the National Assembly member who implemented March 25, 1981 as the cause of the plaintiff's claim, the election commission of the City/Do 6 constituency in Busan decided Defendant 2 and Defendant 3 as the elected person without voting, but this decision was made with respect to Defendant 4 who interfered with and applied for the plaintiff's registration in an unlawful manner such as providing money in collusion with the above elected persons, and the decision of election should be invalidated. However, in this case, the plaintiff who is not a political party or candidate has no standing to sue, and in this case, the defendants other than the chairman of the election commission of the City/Do 6 constituency in Busan is not qualified as the defendant. Accordingly, the lawsuit of this case is unlawful for the above reasons.

Therefore, the plaintiff's lawsuit is dismissed on the ground that it is unlawful without having to enter the merits, and the costs of lawsuit are assessed against the plaintiff who has lost. It is so decided as per Disposition by the assent of all participating Justices.

Justices Seo Il-sung (Presiding Justice)