1. The plaintiff's claim is dismissed.

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

Details of the disposition

On July 27, 1972, a social welfare foundation B (hereinafter “B”) was established for the purpose of installing and operating rehabilitation facilities for homeless persons, and the Plaintiff, C, D, E, F, G, and H were appointed as directors of B on November 12, 2016.

On or before December 2018, the Plaintiff (excluding the Plaintiff) voluntarily resigned from the Defendant on or around March 2018, pursuant to Article 22-3(1) of the former Social Welfare Services Act (amended by Act No. 16738, Dec. 3, 2019; hereinafter “former Social Welfare Services Act”), appointed the Plaintiff as a temporary director or temporary representative director, and made an application for appointment of I, J, K, and L as temporary director.

On February 26, 2019, the Defendant sent a reply to the Plaintiff to the effect that “The rest of directors in B other than the Plaintiff was presented as an agenda item on March 7, 2018 under the condition of the dissolution of a corporation in a temporary society, but the agenda item was rejected,” “the resignation of the director was also automatically discarded.” The above directors are in office as director B, and the above directors are in office as director B is normally operated on December 26, 2018, by holding a temporary directors’ meeting under Article 22-3(1) of the Social Welfare Services Act.”

(hereinafter “instant disposition”). Of the articles of incorporation in B, the contents relating to the instant case are as follows:

Article 15 (Types and Fixed Number of Officers) Any corporation shall have the following officers:

1. One representative director;

2. Seven directors (including the representative director); and

3. Two auditors. (1) The term of office of the representative director and directors of a corporation shall be three years, and that of the auditor, two years, but they may be reappointed.

(2) A vacancy shall be filled within two months if there occurs any vacancy among executives, and a successor to an executive whose term of office expires shall be appointed one month prior to the expiration of his/her term of office.

Article 21 (Duties of Officers) (1) The representative director shall represent the corporation and preside over all affairs of the board of directors.

(3) The representative director;