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(영문) 대법원 2017.04.26 2016도14861
공공단체등위탁선거에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 15(1) of the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”) provides that an entrusted organization that entrusts the management of an election for the election of executives, etc. to the Election Management Committee shall set the period for preparing the electoral register and the fixed date of the electoral register in consultation with the competent commission, and prepare and determine the electoral register.

“......”

Article 63(1) of the same Act provides for the punishment of “a person who makes a false representation in the electoral registry” and Article 63(2) of the same Act provides for “a person who makes a false representation in the electoral registry fails to enter a person entitled to vote on the electoral registry or makes a false representation in the electoral registry or makes a false representation in the electoral registry.”

On the other hand, Article 31 (3) of the Cooperative Act on Fisheries should be confirmed as to whether a regional fisheries cooperative falls under any of the subparagraphs (i) of paragraph (2) for all or part of its members, (ii) where a member is not eligible, (iii) where a member is deceased, (iv) where a member is declared bankrupt, (v) where a member is declared incompetent, or (v) where a corporate member is dissolved.

In such cases, whether it falls under paragraph (2) 1 shall be determined by a resolution of the board of directors.

“......”

C Articles 25(2) and 25(4) of the articles of association of a fisheries cooperative (hereinafter “the cooperative of this case”) also provide for the said contents.

Article 63 (2) of the Commissioned Election Act is a provision to punish acts of false entry in the electoral registry due to acts or omissions by persons related to preparation of the electoral registry in commissioned elections by public organizations, etc.

According to Article 31 (3) of the Cooperative Act, in the case of a fisheries cooperative, it is necessary to determine whether the cooperative is qualified as a member or not by the resolution of the board of directors of regional consultation.

Therefore, the head of the association in charge of preparing the electoral register.

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