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(영문) 전주지방법원 2016.04.14 2015구합995

임원해임명령 취소 등 청구의 소

Text

1. On April 20, 2015, the Defendant’s order to dismiss the Plaintiff or to suspend the performance of duties of executive officers shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation under the Social Welfare Services Act established for the purpose of contributing to the promotion of welfare of the disabled and the aged by performing the projects for the rehabilitation, protection, and medical care of the disabled, and has operated social welfare facilities, such as B and C, community rehabilitation facilities for the disabled, D, vocational rehabilitation facilities for the disabled, E, special schools for the disabled, and F schools and long-term medical care institutions

B. On July 27, 2012, the employees H et al. of the above facility submitted a written accusation to the Jeondong-gu Police Station with the purport that “I, the president, has committed sexual assault against the persons with disabilities residing in J from around 1990 to around 2001.” On October 1, 2012, the social rehabilitation teacher of the Plaintiff filed a civil petition against the social rehabilitation teacher K having sexual assault against the persons with disabilities living in the Jeondong-gu Living Welfare Department and E, and on September 26, 2012, the Jeondong-gu Police Station submitted a written accusation to the effect that, on October 29, 2012, the investigation into the actual condition of the facilities under the Plaintiff’s control and the investigation into the sexual assault against I and L were requested to be punished.

C. I and L were sentenced to imprisonment with prison labor for 15 years and for 10 years, and to an order to attach a personal tracking device for 13 years and 10 years at the Gwangju High Court on January 27, 2015, and each of them was sentenced to an order to attach a new tracking device for 13 years and 10 years, and the above judgment was finalized after being dismissed by the Supreme Court on May 14, 2015.

The Defendant shall conduct a special audit on the Plaintiff from October 27, 2014 to November 13, 2014, and discover 11 illegal and unfair matters, including improper payment of subsidies to life guidance centers and post management services, and inappropriate disposition of fundamental property, and against the Plaintiff on April 20, 2015. < Amended by Act No. 13203, Apr. 20, 2015>