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(영문) 대법원 2017.05.17 2016수19
국회의원선거무효
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. In the 20th election of National Assembly members of the Daegu Metropolitan City E (hereinafter “instant constituency”) that was implemented on April 13, 2016 on the basis of the basic facts, G candidates recommended by F political parties (hereinafter “instant election”) receive 19,675 votes and 61,429 votes, and H candidates affiliated with H candidates receive 61,429 votes, and H, the fact that H, the largest shareholder was decided as the elected person, and I political party (hereinafter “J party” on February 13, 2017, but the name was changed to “J party,” but is indicated as the name before change in convenience) did not conflict between the parties.

2. The Defendant asserts to the effect that the instant lawsuit is unlawful, since the illegality of the process of recommending candidates for public election by I political parties asserted by the Plaintiffs does not constitute grounds for a lawsuit for invalidation of election, and otherwise, the Plaintiffs did not assert the grounds for a lawsuit for invalidation of election as provided by the Public Official Election Act.

However, as long as the plaintiffs seek the invalidation of election due to the illegality in the election process by a third party, there is a legitimate interest to seek a judgment on the merits, and whether there is a proof of assertion about the grounds for the invalidation of election as provided by the Public Official Election Act or not is determined

The defendant's prior defense on the merits is without merit.

3. Judgment on the merits

A. The plaintiffs asserted that the election of this case is null and void on the following grounds.

① The Committee on the Recommendation of Candidates for I Political Parties (hereinafter referred to as the “Committee on the Recommendation of Candidates for Public Offices”) did not make any resolution on the Plaintiff A who reviewed and recommended as a candidate for the instant constituency, and the Committee on the Recommendation of Candidates for I Political Parties did not recommend Plaintiff A as a candidate for the instant constituency, and not recommend Plaintiff A as a candidate for the instant constituency by the expiration date of the candidate registration period for the instant election is an act contrary to the party constitution and regulations of the I Political Party.

(2) The highest committee of I.D. shall be the committee.

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