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(영문) 서울동부지방법원 2019.11.28 2018가합107402
당선자지위 확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a unit trade union under the Dirs Federation which is composed of workers belonging to C Co., Ltd. (hereinafter "the company of this case").

On May 30, 2018, the defendant held an election to elect the chairperson, who is the representative of the defendant, and the plaintiff, E, F, and G, respectively, participated in the election, and the result of the election (106, among the remaining 108 persons) of the plaintiff 4, E, F 30, and G 9.

The plaintiff obtained 55 votes and F 48 votes in the run-off voting between the plaintiff and F held on May 31, 2018 according to the defendant's election management regulations because there is no winner who has obtained a majority, and the plaintiff was decided as the elected person.

B. Around 03:00 on May 29, 2018, the Plaintiff delivered a bag containing KRW 500,000 in cash to H, who was the principal of the instant company’s dispatch department and the Defendant’s former chairperson (hereinafter “instant provision of money and valuables”), and H returned the said money and valuables to the Plaintiff at the dispatch office of the instant company around 04:00 on May 30, 2018.

C. On June 4, 2018, F had raised an objection regarding the above election to the Defendant election commission.

On the same day, the Defendant Election Commission rendered a decision invalidating the Plaintiff’s election (hereinafter “decision invalidating the instant election”) on the ground that the Plaintiff provided H with the instant money and valuables during the election campaign process.

The main contents of the defendant's chairperson's election and the regulations related to the decision to invalidate the election of this case are as follows.

Where a candidate and an election campaign worker have committed any of the following acts in connection with the election in connection with the election, during the election campaign period under Article 27 (Prohibited Matters) of the Regulations on the Election Management of the Franchise Federation, they may revoke the first warning and the second registration of candidate:

2. Article 35 (Objection and Handling) (1) Any candidate or elector who has an objection to the result of an election, shall be held within three days after the election is completed;

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