(영문) 서울중앙지방법원 2018.05.18 2017가합33242

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(영문) 서울중앙지방법원 2018.05.18 2017가합33242

불법부당한회장해임에 따른 손해배상 청구

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1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. The parties to the case are corporations that conduct the establishment and operation of child welfare facilities and adoptions in Korea and abroad. The plaintiff was employed as the defendant's employee on July 8, 1985, and the plaintiff was appointed as the defendant's chairperson on January 15, 2005 and completed his term of office three years on January 15, 2008, and performed the president's position on January 15, 2008.

B. 1) The Defendant, on August 19, 2008, held a board of directors on August 19, 2008, passed a resolution of disciplinary action against the Plaintiff during one month of suspension from office (from August 25, 2008 to September 24, 2008) (hereinafter “instant decision of suspension from office”).

(2) As of September 25, 2008, the Defendant held a board of directors on September 19, 2008 and resolved to dismiss the Plaintiff from the Defendant’s office (hereinafter “instant dismissal”).

(hereinafter “instant resolution of dismissal” is referred to as “instant resolution of dismissal,” and the instant resolution of suspension from office is referred to as “each of the instant resolutions”).

As a result of the preceding lawsuit, the plaintiff 1 is not authorized to make a decision of suspension or dismissal against the plaintiff on August 19, 2008 with respect to the resolution of suspension of one month against the plaintiff on August 19, 2008 (the instant suspension of office) and the resolution of dismissal of the plaintiff on September 19, 2008, and the resolution of dismissal of the plaintiff on September 19, 2008.

“In the instant case, the Plaintiff filed a petition for nullification of each of the instant resolutions.

In the above lawsuit, the first instance court deemed that the resolution of dismissal of this case was legitimate on June 18, 2009, and dismissed the part of the claim for confirmation of invalidity thereof, and the resolution of suspension from office of this case is dismissed.

유사 판례

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-서울중앙지방법원 2018.06.20 2017가합33181

-서울고등법원 2015.05.06 2013재나591

-광주지방법원 2015.12.11 2014가합6659

-부산지방법원 2017.09.06 2016가합4214