법인설립허가취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a social welfare foundation under the Social Welfare Services Act established for the purpose of carrying out projects for the rehabilitation, protection, medical care, and support of intellectual disabled persons and older persons.
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 ordered the Plaintiff to immediately file a sexual assault against the disabled person and take protective measures against the disabled person, and the Plaintiff’s representative director H failed to play a minimum role in the protection of the disabled person, such as aiding and abetting human rights violations, and notified each of the above executives to be dismissed on the ground that “a director, J, K, L, M, N,O, P, and Q was obligated to immediately file a sexual assault against the disabled person, and to take protective measures against the disabled person, even if the sexual assault against the disabled person was committed, it did not play a minimum role in the protection of the disabled person, such as aiding and abetting human rights violations.” The Defendant ordered the Plaintiff’s representative director to monitor the overall performance of duties of the juristic person and violated his/her duty by failing to play a minimum role as an executive officer or auditor even if there were grounds to suspect that the performance of duties was unlawful.”
(hereinafter “instant order to dismiss an officer”). C.
On December 14, 2015, the Defendant issued a disposition to revoke the Plaintiff’s permission of incorporation (hereinafter “instant disposition”) pursuant to Article 26 of the Social Welfare Services Act and Article 38 of the Civil Act for the following reasons.
1. On April 20, 2015, the Plaintiff did not comply with the instant order of dismissal of executive officers (hereinafter “instant ground for disposition”) from the Defendant.