1. The plaintiff's claim is dismissed.

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

1. The Defendant is a social welfare foundation that mainly provides the elderly medical welfare services and is operating the D Elderly Medical Care Center (hereinafter “instant Medical Care Center”).

On February 19, 2018, the Plaintiff entered into an employment contract with the Defendant (i.e., the period of employment: from February 19, 2018 to December 31, 2018) and worked as the head of the above medical care center from February 19, 2018. On May 3, 2018, the Plaintiff was dismissed for the following reasons (hereinafter “instant dismissal”).

[Grounds for Dismissal] - No individual violation and improvement of the legal full-time duty - The lack of capacity to perform the duties of the head of the facility as a result of the review of the performance of the duties for three months - lack of capacity to establish and execute the plan after the normalization of the work, uncertainty of the lack and improvement of the basic ability to perform the duties (the distinction between the public and the private sector) - there is no dispute over the fact that smooth communication with the corporation and causing harm to the corporation (applicable for recognition), Gap evidence Nos. 1, 2, Eul evidence No.

2. Determination

A. Determination 1 as to the Plaintiff’s assertion of illegality in the process of proceeding 1) the Defendant held a temporary board of directors on the agenda. However, among seven directors present at the temporary board of directors, it is difficult to view that the Defendant consented to the dismissal of the Plaintiff, because other directors did not express their intent. Moreover, the dismissal of the Plaintiff based on the above illegal resolution of the board of directors is unlawful in the manner that does not clearly state the rest of directors other than the directors in the minutes of the board of directors. Accordingly, considering the overall purport of the arguments in each of the statements in Articles 10 through 14, ① the matters concerning the appointment and dismissal of the head of the facility installed by the Defendant are matters deliberated and resolved by the board of directors, the board of directors shall be convened with attendance of the majority of the members present at the board of directors, and the Defendant’s articles of association shall be resolved with the consent of a majority of the members present at the board of directors.