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(영문) 서울행정법원 2019.05.30 2018구합89008
이사선임결의 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion is a political party of the Republic of Korea, the legal status of which is guaranteed by the Constitution of the Republic of Korea and the Public Official Election Act, and constitutes a negotiation body of the National Assembly. The plaintiff has the authority or responsibility to monitor and check whether the procedures for appointing directors of the C Corporation (hereinafter "the instant Corporation") were properly conducted without being in violation

On September 7, 2018, the Defendant passed a resolution to appoint B as a director of the instant construction corporation pursuant to Article 12 subparagraph 4 of the Korea Communications Commission Act on the Establishment and Operation of Korea Communications Commission (hereinafter referred to as “LA”) and appointed as a director.

(2) Article 11(1) of the Public Official Election Act provides that “The grounds for disqualification of directors of the instant Corporation shall apply mutatis mutandis to the instant resolution for appointment of directors and appointment of directors.” Article 11(1) of the same Act provides that “a person for whom three years have not passed from the date on which he/she loses his/her status as a party member or a party member under Article 22 of the Political Parties Act (Article 22 of the Political Parties Act)” and “a person (Article 11(1)5) for whom three years have not passed from the date on which he/she performed the role of adviser or counsel on broadcasting, communications, law, management, etc. for the election of candidates in the presidential election under Article 2 of the Public Official Election Act” and Article 11(2) of the Enforcement Decree of the same Act provides that “a person who performs the role of adviser or adviser under Article 11(1)5 of the same Act shall act as an election campaign office, election campaign liaison office, or election countermeasure organization established under Article 61 of the Public Official Election Act.”

B was affiliated with “F” in the E election. At the time, it appears that it was affiliated with the election-related organization for the election of the G candidate at the time that it performed the role of adviser or adviser, and from the date when it was a member or a member was disqualified at the time of appointment as a director.

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