2015. Action for confirmation, such as invalidation of election, invalidation of election, etc., by the president of the partnership

Park ○

Gyeongbuk-do

Medical Livestock Cooperatives

Gyeongbuk-do

At least the president of the association;

Law Firm (LLC) 00

Attorney Lee -, Lee -, Lee 100

July 21, 2015

August 18, 2015

1. All of the plaintiff's claims are dismissed.

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

The primary purpose of claim is an abnormal inquiry in the election of the head of the Medical Livestock Cooperatives Association established on March 11, 2015.

An election shall be confirmed to be void.

Preliminary Claim: The election of the president of the KICFFFFFFFFFFFFFFFFFFFFFFFFFFFFY 2015

of the corporation.

1. Basic facts

The following facts may be acknowledged as either in dispute between the parties or in full view of the entry of Gap evidence No. 1 and the purport of all pleadings.

A. On March 11, 2015, the Plaintiff was running for the election of the president of the Defendant Union (hereinafter referred to as the “election of president of the instant association”).

B. On March 1, 2015, the Defendant Union confirmed the electoral registry for the above election of the head of the association, but passed a resolution to withdraw 772 of the total number of the electors of the electoral registry held and finalized by the emergency board of directors on the 5th of the same month on the ground that he/she is an unqualified member.

C. In the election of the head of the instant association that carried out the remaining members after withdrawal as an elector, an ideal of the head of the existing association was elected, and the Plaintiff was elected.

2. Judgment as to the main claim

A. The plaintiff's assertion

Article 70 Subparag. 1 of the Act on Commissioned Elections of Public Organizations, Etc. (hereinafter “Act on Commissioned Elections”) provides that if a person related to the preparation of an electoral registry intentionally fails to enter or makes another person enter or makes another person enter any false fact in the electoral registry, he/she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won (Article 63(2)); and that if an elected person is punished by imprisonment with labor or a fine not exceeding one million won for committing a crime prescribed in this Act in the relevant commissioned election, his/her election shall be invalidated (Article 70 Subparag. 1). However, in order to secure a partner who supports the existing head of an association, the Defendant association attempted to register an unqualified person as a member of the association and register the head of the association based on the electoral registry on March 1, 2015. As such, there is a suspicion of committing an election crime falling under the grounds for invalidation of election, and as a result, the election of the head of the association was invalidated.

B. Determination

The plaintiff's assertion is without merit, inasmuch as there is no evidence to prove that an abnormal question on the elected president of the defendant's association was sentenced to imprisonment or a fine of not less than one million won in violation of the Trust Election Act at the election of the president of the association in this case, or that the preparation and revision of the elector's list had influenced the result of the election of the head of the association in this case

3. Judgment on the conjunctive claim

A. The plaintiff's assertion

The Commissioned Election Act provides that an election campaign may be conducted only from the day after the deadline for candidate registration to the day before the election day. (Article 24(2) provides that "the period during which an election campaign can be practically conducted does not vary." However, in the case of the current head of an association, the current head of the association allows members to freely attend a meeting or attend a meeting under the pretext of normal business performance until the day before the election campaign begins. In addition, the Commissioned Election Act does not allow a joint speech meeting and a public debate meeting under Article 50(4)3 of the Agricultural Cooperatives Act, thereby deprivs all the members of their right to notify, while those who do not actually undergo such restriction are only the head of the association. Therefore, the provision on restrictions on election campaign under the Commissioned Election Act is unconstitutional because it is unconstitutional that the election of the head of the association of this case is held under the Commissioned Election Act, which is unconstitutional by blocking competition in the equal status between the head of the association and other candidates.

B. Determination

In light of the fact that the Election Campaign Act was enacted in a clean and fair consideration of reflective consideration for the election of public organizations, etc. which had been mixed with the existing one, the excessive competition among the candidates becomes difficult to manage election and prevent the occurrence of fraudulent acts if the election campaign is permitted without any restriction of the period, and the prolongedness of unreasonable competition among the candidates causes a large number of losses in society and society due to excessive expenses and effort between the candidates, as well as unfair competition caused by the difference of economic power among the candidates, various regulations on restrictions on election campaign under the Election Election Act do not discriminate against the current heads of cooperatives and other candidates, and the election campaign bulletins, campaign posters, campaign posters, telephone belts, letters, Internet, name cards, etc. under the Election Act are allowed, and thus, the election campaign restriction regulations under the Election Election Act are not unconstitutional. Therefore, the plaintiff's above assertion is without merit.

4. Conclusion

Therefore, the plaintiff's primary and conjunctive claims are all without merit, and they are dismissed. It is so decided as per Disposition.

Judges Kim Jong-dae

Judges Bo Young-won

Judges Cho Young-jin