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(영문) 대전지방법원 2016.10.27 2016구합100798
임원취임승인취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

. Details of the disposition; and

A. B is a school foundation that establishes and operates C University, D High School, E High School, etc., and the Plaintiff is a director of B.

Around March 25, 2011 to March 24, 2014, an application for approval for reappointment is filed as at March 29, 2011 to February 21, 2014; 3H (i) March 26, 2012 to March 26, 2012 to March 25, 201; ii) from March 201 to February 25, 2014; and (iii) from March 26, 2012 to March 25, 2015 to June 20, 2015 to June 5, 2015 to February 26, 2015 to February 25, 2018 to June 26, 2015.

Directors B and their terms of office are as follows:

C. Even after the expiration of the term of H and I, a successor director was not appointed. On September 1, 2015, the Defendant sent to B a letter demanding the appointment of executive officers with the following purport.

According to Article 24 of the Private School Act, the vacancy of the director should be filled within 2 months after the occurrence of the vacancy, so the vacancy will be filled as soon as possible during September.

* As a result of external legal advice from the Ministry of Education, the scope of participation of the director at the expiration of the board of directors in the scope of the quorum of the board of directors set forth in the Private School Act shall be minimized within the scope of the quorum of the board of directors set forth in the Private School Act.

In addition, the board of directors in 2015 has caused serious obstacles to the operation of the school because important issues such as the appointment of teachers of the school to which he belongs and the settlement of accounts are not dealt with due to disputes between executives.

Accordingly, it is expected to take measures such as cancellation of approval of taking office in accordance with Article 20-2(2) of the Private School Act if it fails to comply with a request for correction by November 16, 2015, as follows:

1. The wind that shall be appointed by November 16, 201, two chief directors and two resignations;

2. The settlement of accounts for the year 2014 and the year 2015 of school foundations and their affiliated schools;

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