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Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
【School Foundation C in Seodaemun-gu Seoul is an incorporated school foundation established and permitted under the Private School Act, and Defendant is the director of the above school foundation.
On December 2, 2016, C’s Chief Director D (Resignation on January 1, 2017) of a school foundation did not call a notice to the effect that the term of office of an open director expires (I, J, K, and L) on the following grounds: “The case of new lessee of a building and approval for the establishment of a right to lease on a deposit basis therefor; the case of deliberation on fundamental property and loan for the return of a deposit for a FF Co., Ltd.; the case of submission of a resignation; the case of appointment of a succeeding director following the expiration of the term of office; and the case of appointment of the 14th President of G University.”
On December 15, 2016, the 6th Board of Directors (hereinafter “Board of Directors of this case”) held on December 17, 2016, and the 17th Board of Directors (hereinafter “Board of Directors of this case”) was held. However, there is a dispute as to whether four open directors (I, J, K, and L) are qualified as directors due to the expiration of their terms of office.
Among 16, 16 members (including a debate over the expiration of the term of office of an open director, and not sending the notice of convening the board of directors of this case) were present, and H was not present.
After the meeting of the board of directors of this case was opened, D requested four open directors whose term of office has expired (the chairperson's assertion on the grounds of the expiration of the term of office of the board of directors), but the board of directors failed to comply with the reason that four open directors and the defendant et al. have not expired, and the defendant proposed a non-Confidence proposal on the president D as an urgent agenda.
Therefore, the president D declared the plenary session, and some of the directors opposing the emergency bills leave the office, but the remaining 11 directors decided to dismiss D with the consent of 10 members, and appoint the defendant as the chief executive officer.
However, Article 17 (3) of the Private School Act and Article 17 (3) of the Educational Foundation C.