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(영문) 서울고등법원 2016.12.22 2016나2027953

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an organization established with the aim of strengthening the capacity of North Korean defectors and contributing to building a unified Korea in accordance with free democracy values. Around February 201, the Plaintiff established “C school” for education of the children of North Korean defectors. Around July 29, 201, the Defendant, who was the Plaintiff’s director, was appointed as the principal of the C school.

B. C Schools constituted a steering committee, supporters’ association, school principal teachers, etc., and operated support money from the sponsors. The Defendant received support money from the account “Plaintiff (C)” (hereinafter “Plaintiff’s account”), and managed and used the said account as the operating fund of C Schools. The Defendant used the apartment leased by the Korean Egynam Association, etc. as a dormitory of C Schools with support from the apartment leased by the Korean Federation of Korean Egynam Association, etc. (hereinafter “KSdi Sharing Foundation”). The Defendant received donations from the sponsors, such as the KSdi Foundation (hereinafter “Kdi Sharing Foundation”), or purchased the donations with support money.

C. Since then, there have been conflicts between Plaintiff E and the Defendant in relation to the operation of C Schools, and E attempted to take office as the chairperson or principal of C Schools, but the C School Steering Committee held on March 29, 2013 did not object to all the operating members.

E, May 9, 2013, convened the meeting of emergency countermeasures officers comprised of the Plaintiff’s directors, and notified the Defendant to be dismissed from the office of principal C School on the grounds that the Defendant arbitrarily dismissed or resigneded teachers and employees belonging to C School, and caused social damage.

On the other hand, some directors raised an objection on the grounds of the defect in the procedure of the decision of dismissal, and the defendant made a statement to the effect that Cschool is an independent institution from the plaintiff, and followed the meeting place.

E. Thereafter, the Defendant on April 18, 2013.