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(영문) 서울서부지방법원 2017.09.27 2017가합32374
징계결의 무효확인
Text

1. On February 16, 2017, the Defendant confirmed that the resolution for dissolution and re-establishment of a new foundation made against the Plaintiff is null and void.

2. The plaintiff.

Reasons

1. Facts of recognition and related statutes;

A. The defendant is an incorporated association established pursuant to Article 53 (1) of the Infant Care Act, and the plaintiff is a non-incorporated association whose members are the representative director of a childcare center and the president of a social welfare foundation who have completed the prescribed subscription procedure.

By January 2017, the Defendant approved the Plaintiff as the “subcommittee on Child Care Centers in Social Welfare Corporations” under Article 53(2) of the Infant Care Act and Article 41(2)2 of the Enforcement Rule of the Infant Care Act.

B. On February 3, 2017, the Plaintiff appointed C as the president by opening a general meeting of delegates.

C. Around February 8, 2017, the Defendant: (a) elected C, who did not meet the requirements for executive officers, including “Defendant Member’s career for at least ten years”; and (b) notified the Plaintiff of the submission of explanatory materials to the Ethics Committee on the ground that the Plaintiff violated the Defendant’s Articles of Incorporation (hereinafter “Articles of Incorporation”).

On February 14, 2017, the Defendant held an Ethics Committee to deliberate on the foregoing agenda, and resolved that “The Ethics Committee shall propose that the Plaintiff be designated as an “accident subcommittee” pursuant to Article 8(6) of the Articles of Incorporation.

The defendant of the resolution of the board of directors on February 16, 2017 shall have the effect of suspending the function of the plaintiff as an organization under the jurisdiction of the defendant as an accident department through the resolution of the board of directors.

and in addition, it has effect to lose its status as an organization under the defendant's control of dissolution and re-establishment.

(that does not have the effect of direct dissolution of the target organization). A resolution was adopted to the effect that the organization was dissolved.

(2) On the other hand, on February 9, 2017, the notice of convening the board of directors sent by the Defendant to the relevant director and auditor on February 9, 2017 (hereinafter “instant notice of convening the board of directors”) shall be deemed a meeting agenda item.

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