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(영문) 서울남부지방법원 2018.06.22 2017가합112349

인사발령처분무효확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an incorporated association established for the purpose of investigating, analyzing, and developing policies on the actual conditions of disability problems and all the forms of disability causes. The plaintiff is a person who works as the director of the C Research Institute under the defendant's control (hereinafter referred to as "Incheon Research Institute").

B. On May 4, 2017, 10 employees of the Incheon Research Institute and the Incheon Center, including F, working as the head of the “E Center” under the Incheon Research Institute’s Secretariat (hereinafter “E Center”), who worked as the head of the “E Center”), requested the Defendant to resign.

C. The Defendant held a personnel committee on July 19, 2017 to discuss the internal conflict issues of the Incheon Research Institute, and conducted an interview investigation with the employees of the Incheon Research Institute and the Incheon Center around July 8, 2017.

After that, the Defendant held a more personnel committee on August 22, 2017, September 11, 2017, and October 12, 2017. On October 12, 2017, the personnel committee decided to issue the Plaintiff as the head of the Incheon Center on October 24, 2017 (hereinafter “instant personnel order”), and decided to issue D as the director of the Incheon Research Institute, and F as the director of the Incheon Research Institute, respectively.

On March 29, 2018, the Defendant decided to hold a board of directors to close the Incheon Research Institute and registered the closure of the branch office on April 17, 2018.

The main office of the defendant under Article 3 (Office) of the defendant's Articles of Incorporation shall be located in Seoul Special Metropolitan City, and a branch office may be established as specified in the attached Table, if necessary.

Article 9 (Types and Fixed Number of Officers) The defendant shall have the following officers:

1. One chief director;

2. One warden;

3. Not less than five but not more than twenty directors (including the chief director and the president);

4. Two auditors.

E. The Defendant’s articles of incorporation, regulations, and the articles of incorporation of the Incheon Research Institute related to the instant case are as follows:

Article 3 (Executives and Employees) of the Regulations on the Management of Personnel in Part IV of the Rules on the Management of Defendant shall be defined as follows:

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