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(영문) 인천지방법원부천지원 2017.12.22 2017가합102265
면직(파면)처분 무효
Text

1. On July 4, 2017, the Defendant’s removal of the Plaintiff against the Plaintiff on July 4, 2017 confirms that the removal is void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. 1) The defendant is a social welfare foundation established for the purpose of social welfare programs, such as the operation of residential facilities for intellectually disabled persons and the operation of special schools. 2) The plaintiff and the representative director of the defendant foundation E are siblings relationships.

3) The Plaintiff had worked as the president of D around 1999 from the Defendant. From November 1, 2016, the Plaintiff worked as the president of C Care Center. B. The parts related to the instant case in the Defendant’s articles of incorporation and regulations on the implementation of the Defendant’s articles of incorporation, such as the Defendant’s articles of incorporation, and the personnel management regulations are as follows. Article 15 (Types of Officers and Fixed Number of Officers) of the Defendant’s Articles of incorporation

1. One representative director;

2. One standing director;

3. Eight directors (including the representative director and the standing director);

4. Two auditors (Prohibition of Holding Concurrent Offices) (1) No director may concurrently serve as an employee, excluding the head of a facility of a juristic person.

§ 24 (Matters to be Resolved) The Council shall deliberate and decide on the following matters:

7. Matters concerning the appointment and dismissal of the head of a facility to be established by a corporation.

(2) A separate provision shall apply to the appointment, service, remuneration, etc. of full-time executives and employees.

Article 5 (1) The heads of each facility shall be appointed by the representative director of a corporation following the resolution of the board of directors, and the term of office may be four years consecutively.

In addition, it may be appointed as a contracting officer (commission) if necessary, and may be reappointed according to evaluation.

(2) Matters concerning the appointment and dismissal of personnel of each facility shall be delegated to the head of the facility and reported the results to the corporation.

Provided, That the appointment and issuance of the director general (director) or higher-ranking employees shall be made after reporting to the corporation.

The staff members under Article 3 (Classification of Staff) of the Staff Personnel Management Regulations shall be classified as follows:

1. Employees in charge of technical affairs or general administration, such as social workers, dietitians, physical clinics, nurses, etc.;

2. School personnel: School personnel of F Schools;

3. Functionality.

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