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(영문) 부산지방법원 동부지원 2018.12.13 2018가합649
선거무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiffs (appointed parties).

Reasons

1. Basic facts

A. The Plaintiffs (Appointed Parties; hereinafter referred to as the “Plaintiffs”) and the designated parties listed in Articles 3 through 5 of the [Attachment List] are the D members of the corporate association E (hereinafter referred to as “E”), who are the chairpersons of senior citizens’ clubs belonging to their affiliates, and the Defendant is the election commission in which they managed the election of the branch presidents of the above D.

B. On May 3, 2018, the Defendant shall elect the head of D branch from May 17, 2018 to the first floor of 14:00 branch offices on May 17, 2018.

“The public notice was attached to the entrance of each senior citizen center belonging to D, and the election of the branch president was held on the 17th of the same month.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 5, and the purport of whole pleading

2. Summary of the parties' arguments

A. The plaintiffs' assertion 1) The defendant is a permanent organization established under the regulations of the E Election Commission, and is independently engaged in the overall affairs concerning the election of the president of the branch without the guidance or supervision of D. Thus, even if there is no legal personality, the defendant is in the position to be responsible for the result of the election of the president of the branch. In this case, the defendant has the capacity to be a party in the lawsuit in this case. 2) If the successor was not elected within the term of office of the chairman of the center for senior citizens, the chairman whose term of office has expired can continue to perform his duties until the chairman is elected, and accordingly, the qualification of the representative with the right to vote of the president is maintained. The defendant unfairly restricted the plaintiffs to the qualification of representatives

In addition, even though the defendant should individually notify D members of the Subdivision's election day and give D members the opportunity to run, it did not take such procedures.

In addition, the defendant imposed the deposit money excessively to restrict the candidate for election of the president of the branch of a person with no economic power.

Furthermore, the defendant unfairly prevented F's publication of political views.

The defendant's above illegal and unfair acts are enormous in the result of the election of the president of the branch.

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