beta
(영문) 광주고등법원 (전주) 2017.01.23 2016누1252

임원해임명령 취소 등 청구의 소

Text

1. The judgment of the first instance, including the part ordering the suspension of validity, shall be revoked;

2. The plaintiff's claim is dismissed.

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation under the Social Welfare Services Act established for the purposes of the implementation of intellectually disabled and the projects for rehabilitation and medical care for the aged.

The plaintiff has operated social welfare facilities such as B and C, community rehabilitation facilities for the disabled, D, vocational rehabilitation facilities for the disabled, E, F school which is a special school for the disabled, G which is a long-term care institution for the aged.

B. On April 20, 2015, pursuant to Articles 22 and 22-2 of the Social Welfare Services Act and Article 10-2 of the Enforcement Decree of the same Act, the Defendant filed a complaint against the Plaintiff on April 20, 2015 with the following: (i) the detailed details of the reasons for the order to dismiss the grounds for dismissal; (ii) the Plaintiff’s representative director, who is obligated to immediately file a complaint against the disabled person in the order of the reasons for dismissal; and (iii) the Plaintiff’s representative director, despite the obligation to take protective measures against the disabled person, he did not play a minimum role in protecting the disabled person, such as aiding and abetting human rights violations; and (iv) the overall business performance of the juristic person was illegal; and (iv) the director, N, P, Q, S, U, and V failed to perform a minimum role in protecting the disabled person, such as aiding and abetting human rights violations; (v) the overall business performance of the juristic person; and (v) failed to perform his duty to dismiss all of the executive or auditor.

(이하 ‘이 사건 처분’이라고 한다). ① 시설 장애인에 대한 성폭력 발생, 성폭력 방지회복 등 조치의무 위반 ▷ 재단 이사는 각자 재단을 대표하는 운영자로서 시설거주 장애인의 인권을 보호하고...