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(영문) 전주지방법원 남원지원 2017.01.12 2016가합1333

해고무효확인

Text

1. A resolution of appointment of a chief director of the temporary board of directors held by the Defendant on February 25, 2016 and a resolution of dismissal of the chief secretary general, respectively.

Reasons

1. Basic facts

A. The Plaintiff was appointed as the Secretary General of the Defendant on September 4, 2015.

B. The Defendant C, the chief director of the board of directors, retired from office on January 26, 2016.

Accordingly, D and the plaintiff, who is the chief executive officer, notified the defendant director of the provisional board of directors of the following contents:

Temporary: 1) Cases concerning the re-election following the resignation of the president C : 2) Cases concerning the personnel of the head of E;

C. As scheduled, the Defendant Temporary Council was held on February 25, 2016, and 18 of the Defendant’s directors were present.

A resolution to appoint F as president with the consent of all the directors present at the temporary meeting, and a resolution to dismiss the plaintiff by the Secretary-General was made in order of 17 affirmative votes from among the directors present at the meeting.

On the other hand, F was not a director or member of the defendant at the time of the above resolution.

On June 22, 2016, the Plaintiff asserted the invalidity of each of the above resolutions while filing the instant lawsuit, and F notified the Defendant’s directors of the holding of a temporary board of directors on September 6, 2016, as the chief director’s qualification.

On September 6, 2016, 19 of the defendant provisional directors held on September 6, 2016 attended the defendant provisional directors meeting, and the resolution to dismiss the plaintiff by the Secretary-General with the consent of all the directors present at the meeting.

E. Members under Chapter 3 of the Articles of Incorporation (only the contents related to this case) and those who wish to attend the principal session under Article 9 of the membership fee shall submit an application for membership in the prescribed form and pay membership fee to be established by the directors’ meeting.

The board of directors under Chapter 4 shall be composed of twenty-one directors.

The Secretary General shall be an official director.

The board of directors shall elect the following officers:

The term of office of an officer shall be one year, and he shall not be reappointed.

Provided, That the chairperson shall not be reappointed on at least two occasions.

(1) One chief executive officer (2) one recording director (3) one recording director (4) one fiscal director shall convene a general meeting and the board of directors on behalf of the principal meeting and preside over it.