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(영문) 창원지방법원마산지원 2020.05.13 2019가합100875
당선결정무효확인
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 status B of the parties, etc. (hereinafter “B”) is an organization established for the purposes of the development of beauty and art business and mutual friendship with beauty artists as its members, and its organization has its central association, branch associations, and branch associations. The Defendant is a subdivision under the central association.

The plaintiff and C are members of the defendant, and the plaintiff was the head of the defendant's branch from May 28, 2013 to April 30, 2019.

B. The Defendant opened a standing committee on April 29, 2019 and confirmed as May 28, 2019 the date of holding the 40th general meeting of the representatives, and the Defendant’s 21th general meeting of the representatives at the above general meeting of the representatives (hereinafter “instant election”).

(2) On May 28, 2019, the Plaintiff and C respectively registered as a candidate for the above election. The Defendant held a general meeting of the 40th delegates on May 28, 2019 and held the instant election. As a result of the ballot counting of the above election, C acquired 169 votes and 83 votes, respectively.

3) The Defendant’s election commission announced C as the winner of the instant election at the general meeting of the representatives in accordance with such ballot counting, and thereby C was elected as the president of the Defendant’s branch. C. The Defendant’s election regulations for executive officers related to the instant election (hereinafter “election regulations”).

(1) Election campaigns under Chapter VII are as follows. Article 30 (Prohibition and Restriction of Election Campaign, Candidates, Election Campaign Guards, and Electors shall not commit any of the following acts in connection with an election:

1. Slandering against a candidate or his/her spouse, lineal ascendant or descendant, or spreading any false fact;

2. Obstructing the exercise of rights of electors by means of violence, intimidation, threat, etc.;

3. Obstructing the election affairs of the election commission under Article 43 (Decision on Elected Persons) (1) The decision on elected persons shall be peremptory notice pursuant to Article 36 (2) of the Articles of incorporation.

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