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(영문) 인천지방법원부천지원 2019.10.11 2019가합103187
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Status 1 of the parties is the Defendant Social Welfare Foundation B (hereinafter “Defendant Corporation”).

A) A social welfare foundation established for the purpose of social welfare programs, such as the operation of residential facilities for persons with intellectual disabilities, operation of special schools, etc., is its affiliated with the I medical care center (hereinafter “instant medical care center”).

(2) The Plaintiff had been appointed as the J president around November 1, 2016 from the Defendant’s legal entity and served as the president of the instant medical center from November 1, 2016.

B. On June 15, 2017, the personnel committee of Defendant Corporation 1 rendered a decision to dismiss the Plaintiff for the following reasons, holding a meeting around 17:30 on June 15, 2017.

① From around 1999, the KJ and the instant medical care center received monthly benefits from the commission doctor, and embezzled such monthly benefits by being deposited into an exclusive account of support payments of Defendant corporation, instead of paying them into the exclusive account of support payments of Defendant corporation.

In addition, the receipt for the above support fund was issued falsely.

(2) The same year from June 28, 2002

9. up to 16. As between 16., 50,000 won contributed from K’s guardian of the disabled with the J-using disability was embezzled at will.

③ Embezzlements some of the charges owed to a resident into the Plaintiff’s personal account.

④ From November 29, 200 to August 14, 2008, the medical care center received rebates in relation to various construction projects implemented by the J and the medical care center of this case.

⑤ From December 27, 2005 to September 4, 2009, the private funds account was opened and operated, and embezzled the J facility funds.

④ From July 14, 1999 to August 14, 2008, the amount deposited into the account of the Defendant corporation or the account of the instant medical care center was unlawfully managed and embezzled public funds.

(7) In violation of a labor contract, the head of a long-term continuing facility raises an objection to the circular assignment, disarming the board of directors through the external recommendation director, and false facts as to C by the representative director of the defendant corporation.

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