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(영문) 인천지방법원 2019.02.01 2018가합54711
전교선거무효확인
Text

1. It is confirmed that the election of Confucian Schools B, which was held by the Defendant on February 15, 2017, is invalid.

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

Reasons

1. Basic facts

A. The Defendant is a local Confucian school established with the aim of maintaining and distributing the Buddhist school through activities, such as the flaging of the native folks, the maintenance of literature and seedlings, and the research and education of the ideology of the Confucian school with C City’s jurisdiction.

B. According to the expiration of the term of office of D, the Defendant, which is an existing assistant (a principal and the name of the defendant's representative), held an election to elect a new assistant (hereinafter "the election of this case"), among D and the Plaintiff’s candidate, at the UN Forest Assembly on February 15, 2017.

C. Prior to the commencement of the voting on the date of the instant election, E of the chairman of the Election Management Committee publicly announced that “if the number of votes is the same, the oldest person will be decided as the elected person,” and it should be confirmed that the number of votes actually D and the number of votes obtained by the Plaintiff is the same as 38 tickets, as the result of the ballot counting, the extension person was promulgated as the elected person and issued a certificate of election to D.

On the other hand, the defendant's internal rules related to the election of this case and the inside regulations of F, a real superior organization of the defendant, are as follows

F Establishment of Article 53 of the F Heading

1. Confucian schools shall be established under the command of the head office as regional forest organizations;

Article 55 Matters concerning the composition, organization, operation and scope of duties of Confucian Schools under the Organizational Organization Regulations shall be prescribed by a separate Confucian School Regulations.

Article 5 (Resolution and Approved Matters) The Governing Assembly of Confucian Schools shall adopt a resolution:

1. Article 6 (Classification) (3) The former shall hold a standing general meeting and shall preside over such meeting;

Article 8 (Methods of Decision) (2) When the numbers of votes of approval and disapproval are determined by the Speaker.

Article 18 (Performance of Duties by Proxy) (1) A public announcement of the former class shall be made by the chief director who is ex officio, and shall act for the former class according to the order of the deputy chief or the department chief.

(2) The order of correspondence as referred to in paragraph (1) shall be the order of the chief secretary general, general, finance, edification, liaison, and the order of the chief director of the overseas interference.

B Article 6 (Organization) (1) of the Operational Rules for Confucian Schools is as follows:

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