Whether an election of a member of the Gu Council is invalidated on the ground that one person cast a proxy vote (negative)

Even though one person in an election of a member of the Gu Council cast a substitute vote under the name of another person, if it is not deemed to have influenced the result of the election, the judgment of invalidation shall not be made.

Articles 222 and 224 of the Act on the Election of Public Officials and the Prevention of Election Malpractice

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law No. 1985, 1359, Sept. 10, 1985)

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

[Plaintiff, Appellant] Plaintiff 1 and 1 other (Law Firm Gong1993Ha, 1719, Counsel for plaintiff-appellant)

[Plaintiff-Appellant] Plaintiff 1 and 10 others (Law Firm Han, Attorneys Han-soo et al., Counsel for plaintiff-appellant)

Gambry

The chairperson of the Yeongdeungpo-gu Seoul Metropolitan Government Election Commission (Law Firm White, Attorney Noh Jeong-soo, Counsel for defendant-appellant

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

The election of the Yeongdeungpo-gu Seoul Metropolitan Government Council member of the first voting district, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government, which was implemented on June 27, 1995 shall be invalidated. The litigation costs shall be borne by the defendant.

1. In the election of the Yeongdeungpo-gu Seoul Metropolitan Government Do Council member of Yeongdeungpo-gu Seoul Metropolitan Government, which was implemented on June 27, 1995, the fact that the plaintiff was elected with 1,674 votes of the non-party 1,674 votes that all five candidates, including the plaintiff's candidate under his/her control, and the plaintiff was elected with 1,576 votes, and the fact that the plaintiff was absent with 1,576 votes is not disputed between the parties, or it can be recognized by the statement of Eul 4-2, and

2. The plaintiff asserts that the election of the Gu Council member of this case in the voting district of Yeongdeungpo-gu 1-dong, Yeongdeungpo-gu, the election commission and voting clerk of the voting district did not properly verify the identity of the elector at the time of voting, thereby obtaining a confirmation of the identity of the elector No. 1459, the registration number of the electoral registry was 1459, but it was revealed that other persons had already affixed a seal and a proxy voting. In light of these circumstances, it is presumed that there was a ground for invalidation, such as (2) allowing the non-party to confirm and substitute the resident registration certificate in the voting receipt book, and (3) allowing the non-party to perform the voting affairs at the voting receipt book.

(1) As to the plaintiff's assertion of proxy voting, it is difficult to believe that the ballot counting officials were voting for the above polling station under the name of the voting witness Gap and the witness Gap's 1 to 4, and the witness Eul's 1 to 8, and the witness's testimony during the election campaign period. The witness's testimony at Gap 4 and 5 and Kim Jong-si is based on the above party's statement, and it is insufficient to find the above facts differently, and even if other persons were voting for the above party's name, it cannot be presumed that other persons were voting for the same purpose other than the above party's ballot counting, because the remaining number of voters were voting for the above party' 1 to 2, and there is no other evidence to prove that the remaining number of voters were voting for the election campaign at the time of the above election, and thus, it cannot be viewed that the remaining number of voters were voting for the above party' 2 and there is no other reason to believe that there was no other violation of the provision of the Act regarding the election.

3. If so, the plaintiff's claim of this case seeking the invalidation of the election of this case is without merit, and it is dismissed. It is so decided as per Disposition with the plaintiff's charge as the losing party.

Judges Shin Jae-sung (Presiding Judge)