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(영문) 서울중앙지방법원 2019.11.15 2019가합514394
이사회결의무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a professor of the D major department, and the Defendant is an educational foundation that operates D major.

B. On October 8, 2018, the Defendant Council posted “the position of the board of directors that leads to the appointment of the senior president” on the D’s website.

(hereinafter referred to as “the entry of October 8, 2018”). The main contents are as follows:

The authority to finally appoint the president under the current system is the board of directors.

However, the directors have discussed in depth about whether the board of directors can exercise the power to extract the president at this time.

As a result, I conclude that the selection of the next president, where the survival and life life of university of university belongs, would be appropriate to allow the members of the university to choose directly from their own right of decision on life expectancy.

The meaning of granting the president's appointment right is also a self-responsibility theory that the board of directors could not be exempted from liability in that it did not choose a desirable leader in the past two presidents and caused the current crisis of university.

Accordingly, the 14th meeting of the 14th meeting, which is held on October 5, 190, will elect the name of the university as the next president to the 30th of November at the latest by the presidential election system of the president. Based on the outline methods and procedures, it is necessary to collect the opinions of the members and, on the basis of the outline methods and procedures, to immediately implement the presidential election of the president.

C. Since then, the defendant board of directors (hereinafter referred to as the "Rules on the Selection of Candidates for Appointment of the 11st President of the Jeju National Institute") on October 29, 2018 following procedures for gathering opinions, such as a member representative meeting.

The decision was made to enact the provisions of this case. The main contents of this provision are as follows. The appointment of candidates for the appointment of the president in appointing the senior president in accordance with the provisions of Articles 1 (the purpose of this provision is to appoint the senior president in accordance with the provisions of Articles 27(2)5 and 39(1).

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