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(영문) 대전지방법원 2018.06.28 2017구합107734
임시이사선임처분취소
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. A school juristic person C (hereinafter “instant school juristic person”) is a school juristic person established pursuant to the Private School Act for the purpose of higher education and secondary education and maintaining and managing K University, etc.

B. On January 22, 2014, the Plaintiffs were appointed as a director for a term of three years at the board of directors of the instant school foundation on February 26, 2014, and were in office until February 25, 2017 with the approval of the Ministry of Education on February 26, 2014. After that, the Plaintiffs were in office until February 25, 2017

C. When there was a vacancy of three open directors due to Plaintiff B and M, an open director, prior to the expiration of the term on February 25, 2017, the board of directors of the instant school foundation, on January 5, 2017, pursuant to Article 24-4(2) Subparag. 4 of the Articles of incorporation, the board of directors of the instant school foundation decided to select five members to be recommended by the said school foundation (hereinafter referred to as “Recommendation Committee”) from among the 11 members, among the total number of 11 members in the Korea University University Council (hereinafter referred to as “university Council”) pursuant to Article 24-4(2)4 of the articles of incorporation, by notifying the board of directors of the selection of five members of the Recommendation Committee, as above, on January 6, 2017.

On January 13, 2017, the board of trustees requested the instant school juristic person to re-recommended five members of the recommendation committee as neutral personnel. On January 25, 2017, the said school juristic person urged the recommendation of open directors candidates without re-recommendationing the members of the recommendation committee, and on February 1, 2017, the board of trustees demanded on February 1, 2017, the board of trustees to delegate the corporate authority to recommend five members of the recommendation committee to the school members.

E. Although the instant school juristic person urged a candidate again to recommend an open director, the board of trustees did not recommend a candidate, according to the resolution of the board of directors dated April 20, 2017, to the Defendant, who is the competent agency, on April 21, 2017.

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