Preliminary Vote Count for Won Bailey Union Chief Election... Court Orders "Suspension of Union Chief Duties"

In relation to the reconstruction association that pre-counted the postal voting results of members during the election process of the new union head, the court suspended the duties of the new union head, stating that it "violates the principle of secret ballot." The photo is unrelated to the article content. [Image source=Pixabay]

[Asia Economy Reporter Kim Daehyun] In the election process for the reconstruction association chairman of an apartment in Seocho-gu, Seoul, the court suspended the duties of the newly elected chairman, stating that the prior tallying of postal votes by association members violated the principle of secret ballot.

According to the court on the 22nd, the Seoul Central District Court Civil Division 51 (Presiding Judge Jeon Boseong) recently partially granted a provisional injunction request filed by association member A against the newly elected chairman B and others of the Shinbanpo 3rd Gyeongnam Apartment Housing Reconstruction Maintenance Project Association (Raemian One Bailey).

Earlier, the association announced on February 28 that it would hold a regular general meeting on March 16 with the agenda of electing the association chairman. It also resolved to conduct the election via postal voting methods such as text message photo transmission and postal return, printing and distributing a total of 2,560 ballots to association members and requesting submission to the association election management committee by March 15. Most members who voted participated via text message photo transmission.

However, on the morning of the general meeting day, one of the three candidates sent multiple text messages stating, "Many are concerned that votes for me and B will be split, allowing the candidate from the emergency committee to become chairman. (Omitted) Members who submitted written resolutions marked for me are strongly urged to attend the general meeting today, inform the reception staff of their intention to withdraw the written resolution upon entry, and receive on-site ballots to vote for B at the meeting."

As a result, 198 members withdrew their previous votes and re-voted on-site, with the former chairman B defeating the emergency committee candidate by 100 votes to become the new chairman. Member A filed a provisional injunction requesting suspension of B’s duties, citing issues with the election process.

The court ruled in favor of A, stating, "Among the 1,790 members who participated in postal voting, a significant number voted via text message transmission. It appears that the election management committee could have tallied the marked votes in advance during this process." The association’s prior tallying before the election day violated the principle of secret ballot, and it influenced the election as voters who had already participated withdrew their previous votes.

The court pointed out, "If the general meeting organizers can tally the contents of written resolutions in advance and judge the results unfavorable to themselves, they might artificially intervene to postpone the meeting or manipulate the outcome in their favor," adding "an incident occurred where a candidate suddenly withdrew just before the general meeting."

Furthermore, considering the sharp division between members supporting the existing executive and those supporting the so-called emergency committee, and the narrow margin of B’s victory, there is serious suspicion that B, as the former chairman who was aware of the voting results in advance, may have intervened in the election by contacting the withdrawn candidate," the court added. Meanwhile, the provisional injunction objection case filed by B’s side will be heard by the same court on the 23rd.

This content was produced with the assistance of AI translation services.