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(영문) 수원지방법원 2017.02.16 2016구합63829
임원취임승인거부처분취소
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. On April 25, 2014, the Plaintiff filed an application with the Defendant for approval of the appointment of B’s director pursuant to Article 20(2) of the Private School Act on the ground that “five directors, such as directors B, C, D, E, and F, were present at the Plaintiff’s board of directors on April 17, 2014, including directors B, D, E, and F, and those directors less B among them, were appointed as directors (hereinafter the above board of directors referred to as “instant board of directors” and the above board of directors’ resolution “the instant board of directors resolution”),” with the consent of four directors less B.

(hereinafter “instant application”). (b)

On February 25, 2016, the Defendant rejected the approval of the instant application on the ground that “A false preparation of meeting minutes of the board of directors of the instant case, and the resolution by the board of directors of the instant case, are null and void as a result of lack

(hereinafter “instant disposition”). C.

Meanwhile, the provisions relating to this case in the articles of incorporation of the Plaintiff are as follows.

Article 18 (Types and Fixed Number of Officers)

1. Eight directors (including one chief director);

2. Two auditors (Methods of Appointment of Officers) (1) Directors and auditors shall be appointed by the board of directors and appointed by the competent agency with the approval of the competent agency.

In such cases, the personal information, such as the name, age, term of office, incumbent, and major career, shall be disclosed on the school website at all times.

Article 28 (Opening of Board of Directors and Quorum for Resolution) (1) The board of directors shall not hold meetings unless the majority of the registered directors attend.

(2) Except as otherwise expressly provided for in the articles of incorporation, the board of directors shall adopt resolutions with a majority vote.

Provided, That in cases of numbers of votes of approval and disapproval, it shall be deemed rejected.

(3) A meeting of the board of directors may be conducted by means of a remote video conference in which a director attends a meeting at another place equipped with devices transmitting and receiving video and voice simultaneously.

In such cases, the relevant director shall be deemed to have attended the board of directors.

Article 29 (Grounds for Exclusion of Resolution of Board of Directors) Where the chairperson or a director falls under any of the following subparagraphs, the resolution shall be made:

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