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(영문) 인천지방법원 2015.10.08 2015구합51549
해임명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff is the representative director of the social welfare foundation A Association (hereinafter "the corporation of this case").

B. On February 12, 2015, the Defendant notified the Plaintiff that he was dismissed from office by the representative director of the instant corporation pursuant to Article 22 of the Social Welfare Services Act for the following reasons:

(hereinafter “Disposition”). - Management improper (Appropriation of Cash KRW 200 million) - Management improper (misappropriation of corporate accounting fraud and operating expenses: KRW 190 million - Failure to comply with an order for guidance and supervision (in case of failure to submit data, separation of corporate accounting), etc. - Non-employment of corporate employees (social workers) - Report on non-acquisition of corporate property - No dispute over the act of breach of trust of corporate auditor (in case of failure to perform duties, such as audit of corporate property status), entry of Gap evidence 1, and the purport of all pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 of this case is based on the recognition or judgment of erroneous facts, as seen below, and is unlawful as the grounds for disposition do not exist.

① Although the Plaintiff paid KRW 200,000,000 as a deposit for lease to B hospital, this is not a useful property that can be returned at any time.

② The Plaintiff’s payment of KRW 150 million for lease deposit, KRW 2,857,760 for lease deposit, KRW 19,500 for the purchase of medical appliances, and KRW 19,500 for the purchase of medical appliances to establish a new convalescent hospital in C is for operating the rehabilitation hospital for the disabled, which is the purpose of the instant corporation, and cannot be deemed accounting fraud, and the payment of KRW 17,00,000 for the purchase of singing-type facilities was made at the request of the claimant during the closure and disposal of the hospital.

③ The Plaintiff responded to the request of the Defendant, and the data that the Defendant requested was already included in the data that the Defendant had secured.

④ The Plaintiff employed three social workers.

⑤ The Plaintiff acquired the instant corporation.

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