해임처분취소
1. The defendant's appeal is dismissed.
2. The defendant shall bear the costs of appeal.
Purport of claim and appeal
purport.
1. The facts below the disposition of this case do not conflict between the parties, or are acknowledged by considering the whole purport of the pleadings as a whole in the statements in Gap evidence Nos. 1 through 4, 6, 8 through 11, 15, and Eul evidence Nos. 2, 3, and 4.
[1] A social welfare foundation C (hereinafter “instant corporation”) is a social welfare foundation established pursuant to the Social Welfare Services Act for the purpose of operating childcare facilities for infants and children, a comprehensive welfare center for the elderly, etc.
Plaintiff
A was in office as a representative director of the instant corporation from December 27, 2014, and Plaintiff B was in office as a standing director of the instant corporation until October 31, 2018, and was in office as a director thereafter.
The instant corporation was entrusted by the Seoul Special Metropolitan City “D Welfare Center” (hereinafter “instant welfare center”) with the operation of the “D Welfare Center,” and appointed E as the head of the facility (head of the facility).
[2] A press report was submitted to the National Human Rights Commission on October 18, 2017 to the effect that E, around October 18, 2017, sexual harassment was committed against female employees of the instant welfare center.
On October 19, 2017, the Defendant demanded the instant corporation to eliminate E from performing its duties.
On October 20, 2017, the instant corporation sent an official document to the Defendant to the effect that he/she excluded E from performing his/her duties and appointed an acting person until the completion of the fact-finding.
E expressed its intention to resign from the position of director of the instant welfare center as of October 24, 2017.
On October 28, 2017, the instant corporation held five members of the board of directors at the meeting among the total seven directors, and made a resolution of resignation and appointment of a new chief director with the consent of all members present at the meeting.
[3] The Defendant and the head of Gangnam-gu Seoul Metropolitan Government conducted on-site investigations of the instant corporation and the instant welfare center pursuant to Article 51 of the Social Welfare Services Act from November 16, 2017 to November 21, 2017.
On June 28, 2019, the Defendant issued an order to dismiss the Plaintiffs against the instant legal entity based on Article 22 of the Social Welfare Services Act (hereinafter “instant disposition”).