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(영문) 수원지방법원 2017.05.30 2016구합66217
의장선임의결 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. In the election of members of the 7th Seoul Special Metropolitan City Council, Gyeonggi-do, the 34 members including the plaintiff were elected and constituted the defendant. The term of office began from July 1, 2014. On July 7, 2014, F members of the E Party were the defendant's Speaker, and C members, who were members of the G Party (H party at that time), were the defendant's Vice-Speaker, were elected by the term of office until June 30, 2016.

B. Since then, the number of the Defendant’s registered members was 3 as a member of the G Party, and 17 members, including the Plaintiff, C, and J Council members, are members of the G Party, and 16 members, including the F and K Council members, are members of the E Party.

C. On July 6, 2016, at the plenary session of the 220th regular session, the Defendant: (a) obtained the Defendant’s election for the second half-time Speaker (hereinafter “instant election”); (b) made a resolution to appoint a C member, who received the majority vote from among 33 members present at the 220th regular session, as the Defendant’s chairperson (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there is no dispute, Gap evidence 5, Eul evidence 1, 3, and 6 (including paper numbers) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion C member, prior to the instant presidential election, conspired with E-party members, the representative of the E-party Council, and some G party members to elect himself as the chairperson, and then, the member, by confirming whether he was voting, required to enter his name in a specific way in the name column of the ballot paper in order to prevent the secession from departing from the Republic of Korea, and the member, who cast a vote to distinguish it from other ballot papers in fact, so the vote is stipulated in Article 48(1) of the Local Autonomy Act.

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