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(영문) 서울남부지방법원 2016.12.01 2016가합108206
총장유임결의 무효확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is an educational foundation under the Private School Act that operates C University located in Guro-gu Seoul Metropolitan Government D, and the plaintiff is a sexual worker belonging to E religious organization.

B. Internal Resolution 1 for the appointment of president of C University 1) As the term of office of president of C University expires as of July 31, 2016, the Defendant’s board of directors (hereinafter “Board of Directors”) expires.

(A) On February 19, 2016, the President Recommendation Committee for the Appointment of President (hereinafter “Recommendation Committee”) shall be deemed to be the “Recommendation Committee.”

(2) The number of members recommended shall consist of not more than five (including three corporate directors) and the defendant chief director (hereinafter referred to as the "chief director") shall have the right to constitute the recommended members.

(2) The board of directors, on April 29, 2016, adopted a resolution to delegate to the board of directors. (2) The board of directors, composed of five members recommended by the president, and decided to recommend two or three candidates to the board of directors, who have good faith and vision, through an interview, evaluation, etc. of proposals.

Recommendation members shall decide on the procedures for recommending candidates for the president of the Cuniversity as follows:

1) The method of recommending candidates: The date of public announcement of support for applicants and recommendation committees 2: the support status from May 17, 2016 to May 31, 2016: The notification of applicants for interviewed persons falling under Article 43(1) of the Defendant’s Articles of Incorporation 7): The recommendation of candidates for the board of directors of a corporation after the examination of documents: the recommendation of candidates for the board of directors of a corporation by June 20, 2016 (3) the recommendation committee held the first meeting on May 13, 2016 to resolve the following matters:

(c) In order to select and appoint presidents who can realize the spirit of establishment and founding ideals of E religious organizations and corporations and contribute to the development of C University, the following applicants shall be recruited in the educational foundation B of the president of C University:

1. Qualifications for support by the president;

(a) Gender officers of E religious organizations (Article 43 (Appointment of School Juristic Persons));

(b) A person who is disqualified for appointment as a teacher of a private school under the Public Educational Officials Act and the Private School Act.

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