1. A resolution dismissing the Plaintiff from the director by the board of directors on September 23, 2016 and a resolution to appoint C as a director is adopted.

Basic Facts

A. The defendant is a corporation with the purpose of job placement and free consultation for the elderly, and the plaintiff is a person whose appointment has been registered as the defendant's director on January 6, 2010.

B. On September 23, 2016, the Defendant passed a resolution to dismiss the Plaintiff from the Defendant’s director and to appoint a new director C on the grounds that the Plaintiff was unable to perform his/her duties at the board of directors’ meeting. The Defendant completed the registration of removal of the Plaintiff from office and the registration of appointment of the director for C.

C. On January 4, 2017, the Plaintiff filed the instant lawsuit seeking confirmation that the Plaintiff was dismissed at the meeting of the board of directors dated September 23, 2016.

On April 21, 2017, the Defendant passed a resolution to dismiss the Plaintiff again even in the case where the Plaintiff won the lawsuit in this case at the meeting of the board of directors.

E. The parts directly related to the Defendant’s articles of incorporation are as follows.

Article 15 (Types and Fixed Number of Officers) Any corporation shall have the following officers:

1. One representative director;

2. One standing director;

3. Not less than five and not more than ten directors (including the representative director); and

4. Two auditors (Appointment of Officers) (1) The representative director, directors and auditors shall be elected by the board of directors.

Article 20 (Dismissal of Officers) (2) A corporation may dismiss an officer falling under any of the following subparagraphs through a resolution of the board of directors:

1. Where he violates Acts and subordinate statutes, or the articles of incorporation or corporation;

2. When he has inflicted substantial damage on the corporation by intention or gross negligence;

3. Where he is deemed unfit as a officer due to negligence of duties, injury to dignity and other causes;

4. Where it is deemed that the ability or qualities of its officers are considerably insufficient. (3) When intending to call the board of directors, the representative director shall notify each of the directors seven days before the meeting is held, specifying the purpose of the meeting.

Article 28 (Opening of Board of Directors and Quorum for Resolution) (1) The Board of Directors shall be separately provided for in the articles of incorporation.