2020 Doz. 10349 Action demanding nullification of an election of the President

Plaintiff Kim

Ulsan (Ulsan)

Attorney Park Jae-soo

Ulsan Metropolitan City Sports Association

Ulsan (Ulsan)

The Chairperson of the Representative and the Vice Chairperson

Law Firm Doz.

August 19, 2020

September 9, 2020

1. In the third-party chairman election conducted by the defendant on January 7, 2020, the decision that the elected person has become the elected person is invalid.

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

The same shall apply to the order.

1. Basic facts

A. The Defendant is an organization established with the aim of contributing to promoting citizens’ health and physical strength, making good use of their leisure time, and improving their welfare by civicizing a local circuit or sports campaign under the Korean Olympic Committee, and contributing to the development of sports in Ulsan Metropolitan City and the enhancement of national prestige by fostering excellent athletes.

B. The Defendant’s election commission constituted 316 members of the electoral group for the third-party president election 1 (hereinafter “instant election”), which was held on January 7, 2020 (hereinafter “the instant election”), and the Plaintiff, leap candidate, and the instant election were elected as candidates.

C. A person who intends to become a candidate shall submit documents, such as a candidate registration application, pursuant to Article 16(2) of the Ulsan Metropolitan City Sports Association Election Management Regulations (hereinafter referred to as the “Election Management Regulations”). The above candidate registration application contains a column for stating “ academic background”, and the academic background here is explained as “the largest academic background.”

D. On February 24, 1990, the election of this case completed the research and development course of the Korea University Management Graduate School and the curriculum of the highest manager of the above management graduate school on June 22, 1990, respectively, and submitted to Korea University Management Graduate School on the column of the above candidate registration application.

E. The Defendant’s election commission sent voting guidance leaflets to the electoral group, the campaign promises of candidates, changes in the appearance of candidates, and documents, and the “major academic background and career” column stated as follows.

F. Accordingly, on January 6, 2020, the Plaintiff filed an objection with the Defendant Election Commission on the ground that the candidate was “a person who completed the highest course of the graduate school management of the Korea University,” and that the Defendant Election Commission did not obligated the Defendant Election Commission to indicate a regular academic background differently from that stipulated in Article 64 of the Public Official Election Act. Therefore, the Defendant Election Commission passed a resolution that “The Defendant Election Commission did not have any record of the candidate’s academic background.”

G. Of 316 persons who have the right to vote in the instant election, 297 was elected by the Defendant as the third-party chairman of the Defendant, with each of the 139 votes (47%) in the instant election, the Plaintiff obtained 122 votes (41%) and 36 votes (12%) from among 316 persons who have the right to vote.

H. The Defendant’s bylaws and the instant election management regulations are as follows.

Article 24 (Election of Chairperson) (1) of the Regulations of the Ulsan Metropolitan City Sports Association, and Article 24 (Election of Chairperson) (1) of the Regulations of the relevant City Sports Association shall be elected by the expanded organization of delegates. (1) The relevant City Sports Association shall organize an election commission in order to manage the affairs related to the election, such as the decision on the election day and the preparation of the electoral register, and make decisions. (2) The person who applies for the registration of candidate B shall submit the following documents, etc.:

3. Documents which can prove the payment of a deposit or deposit money under Article 15; 5. A written consent to the collection and use of personal information (Article 14(2)) and other documents prescribed by the election commission as documents necessary for management, for the verification of the absence of a reason for disqualification for executive officers under attached Form 6; 4. A deposit or deposit money under Article 15; 6. A written consent to the collection and use of personal information; and an election commission may, if any reason falling under any of the following subparagraphs exists after the candidate is registered, invalidate the registration of the candidate;

[Ground of recognition] Facts without dispute, Gap's 2 through 8, 13, 19, 20 evidence, Eul's 3, 20 through 23 evidence (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion

The election of this case, upon registering as a candidate, stated the candidate in the application for the candidate registration as "the completion of the final academic background at the Korea University Business Graduate School," and merely completed the highest course of the graduate school business management of the Korea National University, and thus, the candidate registration document was recorded falsely. Although the defendant's election commission refused or revoked the registration of the candidate, the election of this case was held as a candidate, including the Lee Jong-dong as a candidate, and this affected the result of the election of this case, and thus, the decision on the elected person by the defendant election commission based on the election of this case and the decision is invalid.

B. Defendant’s assertion

Since Lee Jong-il completed the highest management and research course of the graduate school management of Korea University, it cannot be deemed that the academic background was falsely prepared in the application for candidate registration, and it cannot be deemed as a significant matter to the extent that the election of this case was invalidated, and it cannot be deemed that the result of the election of this case had influenced.

3. Determination

A. In full view of the following circumstances, the aforementioned basic facts, as seen earlier, and the purport of the entire arguments and evidence, it can be deemed that the election campaigned out false academic background, which is a material element of the candidate registration document.

1) In 191 and 1995, the election of this case entered his education in the local election of the Republic of Korea as ‘Ulsan National University Graduates', ‘Ulsan National University Graduates', and ‘Ulsan National University Graduates', but in the election of this case, the candidate registration application of this case stated ‘the final academic background' as ‘the completion of the graduate school management of the Korea National University'. Meanwhile, the other candidates stated the final academic background as ‘the education graduate of the Korea National University(pedago)' and ‘the graduation of the social sports course of the Ulsan National University

2) While the research process and the highest management process are included in the graduate school management of the Korea University, there are differences in the course of entrance and completion of education by clearly different curriculum from the regular course of the graduate school management. The entry of the candidate, who completed the course of the graduate school management of the Korea University, is sufficient misunderstanding that the above candidate completed the regular course of the above graduate school, based on our society’s awareness of the general academic background.

3) The application for candidate registration includes the name, date of birth, address, occupation, academic background, career, etc., and the above items are also indicated in the pledge, appearance, documents, etc. of the candidate that the defendant sent by the election commission to the electoral group, and the candidate's academic background is limited to the contents that can verify the candidate's ability or qualities, and the candidate's academic background is important to select the candidate.

As it is highly likely to act as an element, it can be seen that it constitutes a significant matter that has a significant effect on the election of this case.

B. The following circumstances revealed by the above basic facts, Gap evidence No. 25, and the purport of the entire pleadings, namely, ① the election of this case was elected by the difference between the plaintiff and the non-party 17 (6%) and ② some of the voters of this case stated that the final academic background of this case had a significant influence on voting. ③ Generally, discrimination or benefits by academic background and punishment should be strictly prohibited, but it is not possible to cause mistake, ④ The defendant's president is in a position requiring integrity and morality, ④ The defendant's false statement on the candidate's candidate, defendant's member, and voters' trust in the election of this case. In light of the above facts, it is judged that the final academic background of this case could have influenced the fairness of the election of this case.

C. Accordingly, the decision on the elected person of the instant election and the Defendant based thereon shall be null and void all, and as long as the Defendant contests this, the benefit of confirmation is recognized.

4. Conclusion

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

The presiding judge, the senior judge;

Judges Yellowia

Judges Lee Dong-young

1) The head of the sports organization may not hold a concurrent office as the head of the local government or the member of the local council (Article 43-2 of the National Sports Promotion Act).

The election of the president of the private election is implemented.