(영문) 서울동부지방법원 2017.08.17 2016가합100681

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(영문) 서울동부지방법원 2017.08.17 2016가합100681

당선무효확인

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Basic facts

A. The Defendant conducted the simultaneous elections from November 23, 2015 to November 24, 2015.

The Plaintiff and the Intervenor were standing for the election of the head of the branch office of the Defendant C branch (hereinafter referred to as the “instant election”).

As a result of the ballot counting of the instant election, an intervenor obtained 267 votes more than the Plaintiff, and the Defendant issued the certificate of election of the head of the branch office to the assistant intervenor on November 24, 2015.

B. The Defendant’s election management regulations relating to the instant election are as follows.

Article 33 (Dissemination of False Facts and Prohibition of Slander) (1) No one shall disseminate any false facts about the status, career, character, property, act, activity, etc. of a candidate (including a person intending to become a candidate) in order to have an influence on the election from 180 days before the expiration date of the term to the election day (in cases of a special election, etc., the date of public announcement of the election) before the expiration date of the term of validity, or slander the privacy

(2) No one shall, in any case, spread false or exaggerated facts about a candidate (including a person intending to become a candidate) or slander, instigate, or mediate a candidate in order to influence the election from 180 days before the expiration date of the term (in cases of a special election, etc., the date of public announcement of the election) to the election day.

Article 36 (Cancellation of Registration, Election Campaign, etc. due to Restrictions on Election Campaign) (1) Where it is objectively proved that a member of an election campaign carried out for a candidate or a candidate commits any of the following acts, the relevant election commission may revoke or invalidate the registration of the candidate, or invalidate the election:

2. Fact that an act in violation of the provisions of Article 33 has no dispute [based for recognition], evidence No. 13, entry of evidence No. 13, evidence No. 1, and purport of the whole pleadings.

2. The assertion; and

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