상임임원(상임감사) 선임 변경 승인 처분 등 취소
1. Of the instant lawsuit, the Defendant approved the change of the appointment of a standing executive officer (standing auditor) on October 17, 2018 against the Plaintiff.
1. Details of the disposition;
A. A. A management corporation (hereinafter “management corporation”) is a corporation established on January 27, 1981 pursuant to Article 6 of the former Industrial Complex Management Act (amended by Act No. 4212, Jan. 13, 1990; hereinafter the same) for the purpose of the maintenance and management of C industrial complex and the advancement of the structure of D processing industry by occupant enterprises.
B. On May 29, 1986, the Management Corporation concluded a "C Industrial Complex Transfer Agreement" pursuant to Article 7 of the former Industrial Complex Management Act with the Defendant who is the authorized administrator of the C Industrial Complex, and on September 22, 2003, newly concluded a "C Industrial Complex Transfer Agreement" pursuant to Article 31 (1) of the former Industrial Cluster Development and Factory Establishment Act (amended by Act No. 9426, Feb. 6, 2009; hereinafter the same).
(hereinafter referred to as “instant agreement”). (c)
The provisions relevant to the instant agreement relating to the instant case are as follows.
Article 8 (Approval) The Agency shall obtain approval from the defendant for the following matters:
(1) Amendment of the articles of incorporation of a corporation (Article 42 of the Civil Act, Article 6 of the Regulations on the Establishment and Supervision of Non-Profit Corporations under the control of the Minister of Commerce, Industry and Energy and the head of the affiliated agency).
The articles of incorporation of the Foundation (hereinafter referred to as the “instant articles of incorporation”) related to this case shall be as follows:
Article 18 (Election of Executives) (3) Standing directors shall be elected by the board of directors and shall be appointed from among persons who are not the representative of occupant enterprises.
Provided, That a standing director shall be appointed from among his/her positions according to the delegated duties.
(4) Standing directors and standing auditors shall take office upon approval of the competent authority.
Article 20 (Term of Office and Age Limit of Officers) (1) The term of office of non-standing executives and standing directors shall be three years, and they may be reappointed.
Provided, That the chairperson may be reappointed only once, and the expiration date of the term of office shall be the end of March.
(2) A vacancy shall be caused.