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(영문) 대전지방법원 2018.06.28 2017구합105486
개방이사선임대상자추천 부작위위법확인 청구의 소
Text

1. The withdrawal of the instant case was terminated on March 23, 2018.

2. The Plaintiff shall bear the litigation costs after the expiry of the lawsuit.

Reasons

1. The process of the instant lawsuit;

A. The Plaintiff is a school foundation that establishes and operates A University.

On January 22, 2014, the Plaintiff opened a board of directors to appoint B, C, and D as an open director prescribed in Article 14(3) of the Private School Act, and as a director who is not an open director (hereinafter “general director”), respectively. On February 26, 2014, the Plaintiff obtained approval from the Minister of Education for the appointment of each director.

Since then, E appointed as a general director was appointed by the defendant's president.

B. The details of the Plaintiff’s articles of incorporation on the appointment, term of office, and appointment procedure are as follows.

22 (Types and Fixed Number of Officers) This Corporation shall have the following officers:

1. Nine directors (including the chief director) (1) The terms of office for an officer shall be as follows:

Provided, That the term of office of the first half of the officers shall be against the term of office.

1. The term of office of directors shall be three years, and they may be reappointed;

Article 24 (Methods of Appointment of Officers) (1) Directors and auditors shall be appointed by the board of directors and shall be appointed with the approval of the competent agency.

(3) If a vacancy occurs among the officers, it shall be filled within two months.

Article 24-2 (Number of Open Directors) The number of open directors of this corporation shall be three.

Article 24-3 (Appointment of Open Directors) (1) The chief director shall request the Committee on Recommendation of Open Directors (hereinafter referred to as the "Recommendation Committee") to recommend persons eligible for appointment of open directors within 15 days (in the case of re-standing directors, not later than three months before the expiration of the term of office) from the date on which

(2) Upon receipt of a request for recommendation from the chairperson, the recommendation committee shall recommend twice the number of persons eligible for recommendation within 30 days.

Provided, That if no recommendation is made within the same period, the corporation shall request the competent agency to recommend it.

Article 24-4 (Composition of Recommendation Committee) (1) A university university deliberation committee shall be established.

C. On March 28, 2016, an open director D resigned on March 28, 2016, and the open director B and C are being terminated on February 25, 2017, resulting in three open directors vacancy.

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