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(영문) 광주지방법원목포지원 2019.02.19 2018가합11270
지회장 당선 무효 확인 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a branch of the organization C, and the plaintiffs are members belonging to the defendant.

B. On February 25, 2018, the Defendant publicly announced that an election of the president of a branch shall be held on March 2, 2018, and the Plaintiffs and D registered as a candidate for the said election.

C. At the Defendant’s election of the president of the branch (hereinafter “instant election”) implemented on March 2, 2018, D was elected as the president of the branch (hereinafter “instant election”). D.

On the other hand, the main contents of the Election Management Regulations of the C organization related to the instant case (hereinafter “Election Management Regulations”) are as follows.

Article 2. 【Application and Applicable 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 director of the subdivision.

(However, the election period of the chairman of the division and the E-chairman shall be from the registration date of the candidate to the preceding day of the election.

Article 20 (Definition of Election Campaign) (1) The term "election campaign" in this provision means an act to be elected or to have another person or not to be elected.

However, simple statement of opinion on the election, expression of intention, candidate, and preparation for election campaign shall not be considered as an election campaign.

(2) Only a candidate or a person registered as an election campaign worker may engage in an election campaign.

Article 21 (Prohibition of Election Campaign Period and Preliminary Election Campaign) (1) An election campaign may be carried out from the time when the registration of the candidate concerned is completed to the day before the election day.

(2) Any election campaign may not be carried out during the election campaign period other than that as provided in paragraph (1) (1).

Article 25 (Prohibition and Restriction of Election Campaign) (1) No candidate, election campaign worker, or elector shall commit any of the following acts in connection with an election:

4. Demand or demand, in relation to an election, money, entertainment, food, property interest, or a public or private position.

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