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(영문) 서울고등법원 2016.03.10 2015나2032422
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The plaintiff is a person who is registered as the representative of the Business Bureau C Information Institute (the business registration number H and the branch office of the Promotion Agency are the same as the Promotion Agency; hereinafter the defendant is a public institution under the jurisdiction of the Ministry of Unification that supports the social settlement, etc. of North Korean defectors. The defendant is a public institution under the jurisdiction of the Ministry of Unification that supports the settlement, etc. of residents escaping from North Korea.

After the establishment of the Promotion Institute on August 2010, the Plaintiff was actually operating the Information Institute as the president of the Information Institute, and the Information Institute was transferred to a business entity operated by the Promotion Institute as an affiliated organization of the Promotion Institute.

On March 21, 2011, the Defendant issued a recruitment notice to the effect that an enterprise or organization that employs North Korean residents who enhances social adaptation through employment assistance from North Korean defectors should be selected as a "D consortium participating organization" (hereinafter “instant recruitment notice”), and the main content thereof is as follows.

[Qualification for Application] - In case where the agency affiliated with the mother corporation primarily engages in social business activities and applies for a business, it may apply under the name of "the agency within the corporation". - In principle, the name of the agency to apply for the articles of incorporation of the mother corporation is expressly defined.

b. - In the case of a large-scale non-profit organization in which the explicit provision is difficult, the minutes of the meetings of the board of directors of the mother corporation containing the operation of the project team;

(w) [Documents] structural verification documents (essential: submission of notarized articles of incorporation or meeting minutes of the board of directors), - certificates of non-profit non-profit private organizations - the name of the corporate registry [application for establishment support] and the representative: C Information Institute and A (Plaintiff).

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