이사회결의 부존재확인 등
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. As to this part of the facts admitted, the corresponding part of the reasoning of the first instance judgment shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The gist of the plaintiffs' assertion is that the resolution of the board of directors of this case was made by the temporary directors appointed by the Mayor of Seoul Special Metropolitan City. Since the appointment of the temporary directors of this case is automatically null and void, and there are procedural defects in the resolution of the board of directors itself, the resolution of the board of directors of this case
In detail, I will examine this in detail.
3. Determination on the validity of appointment of temporary directors of this case
A. The Mayor of the Seoul Special Metropolitan City asserted that the Defendant was dismissed on the sole basis of the recommendation of the National Human Rights Commission, which has no effect on recommendation, and the Defendant was actually operating normally and there was no ground for dismissal order. Therefore, the instant dismissal order was unlawful.
Therefore, the defendant did not have a duty to perform this, and all of the dismissed directors of this case still maintain their status as a legitimate director.
Therefore, the appointment of temporary directors in this case is null and void, since the Seoul Special Metropolitan City Mayor did not meet the requirements for the appointment of temporary directors under the Social Welfare Services Act, without any legal basis.
(b) Where an executive of a social welfare foundation fails to comply with an order issued by the Mayor/Do Governor without any justifiable reason, or where significant illegal acts, such as accounting fraud or human rights violations, or other improper acts, are discovered, the relevant Mayor/Do Governor may order the foundation to dismiss such executive;
On the other hand, where it is deemed difficult for a corporation to normally operate the corporation because a vacancy occurs in the office of directors within two months, the Mayor/Do Governor shall, without delay, appoint a provisional director upon the request of an interested party or ex officio.