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(영문) 서울고등법원 2019.05.24 2018누78055
운영위원회 구성에 관한 청구
Text

1. The plaintiff's appeal is all 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

1. Basic facts

A. B Welfare Center (hereinafter “Welfare Center”) is a community rehabilitation facility for the disabled that is entrusted to the F of a social welfare foundation by Seoul Special Metropolitan City around December 2007, and the Plaintiff is a disabled person who uses the welfare center of this case.

B. The Plaintiff, based on Article 36 of the Social Welfare Services Act, constituted a new steering committee (hereinafter “the instant steering committee”) with ten promoters, who are the users of the above welfare center, and was elected as the chairperson on the ground that the steering committee of the instant welfare center was illegally constituted and operated.

On April 27, 2018, the Plaintiff requested the above welfare center to permit the composition of the instant steering committee to be changed.

C. Around May 3, 2018, D, the head of the instant operational support team of the instant welfare center, responded to the Plaintiff that “The instant welfare center organized and operated a steering committee, and the Plaintiff was also urged to have the welfare center actively participate in and seek to hear opinions if he/she intends to organize and monitor the operation of the welfare center by reflecting the majority of users of the welfare center, rather than the autonomous committee focused on the users of the physical training center, and by organizing an autonomous council with representation.” The autonomous committee requested by the Plaintiff (the steering committee) did not constitute the matters approved by the welfare center, but is not the matters approved by the physical training center, and a meeting, such as the autonomous committee or the autonomous committee with representation with the consent of the whole users of the physical training center, freely constitutes a steering committee.”

On May 24, 2018, the Plaintiff requested the Yeongdeungpo-gu Seoul Metropolitan Government Office (hereinafter referred to as the “Yongpo-gu Office”) to change the composition of the instant welfare center operating committee or to permit the formation of the instant operating committee.

E. Accordingly, on May 30, 2018, Yeongdeungpo-gu Office (E) has the authority to establish and operate the instant welfare center steering committee under Article 36 of the Social Welfare Services Act to the Plaintiff.

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