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(영문) 서울중앙지방법원 2019.09.05 2018가합568202
선거 및 당선무효 확인의 소
Text

1. The plaintiff's action against the defendant Eul is dismissed.

2. Plaintiff’s claim against Defendant C.

Reasons

1. Basic facts

A. Defendant B is an incorporated association established with the aim of contributing to the development of society, such as the enhancement of rights and interests of the elderly, the promotion of welfare, and volunteer activities. Defendant Branch is a local organization of Defendant B, and C E apartment center is a group under the jurisdiction of Defendant Branch.

Article 38(1) of the Articles of Incorporation of Defendant B provides that “The main office shall be established in Seoul Special Metropolitan City and Metropolitan Cities/Dos, a branch office shall be established in each Si/Gun/Gu, and a group shall be established in the center for senior citizens.”

B. From March 14, 2018 to March 19, 2018, Defendant Branch publicly announced that an election for the president of a branch shall be held on March 20, 2018, and the Plaintiff and D registered as a candidate for the said election.

C. On March 20, 2018, the Defendant Branch held the 13th Branch of the Branch of the District Court (hereinafter “instant election”). As a result of the ballot counting on the same day, the number of voters was elected as Plaintiff 51, Defendant 77, and the 1st of the invalid 129 Branch of the District Court (hereinafter “instant election”).

The main contents of Defendant B’s election management regulations and election management regulations applicable to the instant election (hereinafter “instant election management regulations”) are as follows.

Section 1 of the General Provisions of Section 1, Article 1 (Purpose) of the Articles of Incorporation is to contribute to the development of the present session and the enhancement of welfare and rights and interests of the elderly by selecting the chairman fairly and fairly in accordance with free will and democratic procedures by members (representatives) pursuant to Article 10(4) of the Articles of Incorporation

Article 2 (Application and Application Mutatis Mutandis) This provision shall apply at the time of election of the president of the plenary session, president of the federation, director of the central federation, or president of the branch.

Section 2 (Composition of Election Commissions) (1) An election commission shall be established in order to ensure the fair management of election affairs.

Provided, That in the organization of a branch not more than the local government, the board of directors may determine and implement whether to establish the branch.

(2) Except as otherwise expressly provided for in the articles of incorporation, the committee under paragraph (1) shall be organized at least seven days before the public announcement date.

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