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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a social welfare foundation aimed at promoting the welfare of persons with developmental disabilities under the Social Welfare Services Act.
B. The Plaintiff was prosecuted for embezzlement of KRW 100 million as the Defendant’s representative director, and was sentenced to eight months of imprisonment on December 19, 2014.
(U.S. 2014 Highest 607, hereinafter referred to as "the first instance court of this case").
On December 26, 2014, the Governor of the Gyeonggi-do issued an order to dismiss the Plaintiff on the ground that the Plaintiff was sentenced to the said judgment under Article 22 of the Social Welfare Services Act and Article 10-2 of the Enforcement Decree of the same Act (hereinafter referred to as the “instant order of dismissal”). D.
Since then, the Defendant’s board of directors was held on March 30, 2015 and appointed C and D as each director. The Defendant’s board of directors held on April 13, 2015 and appointed E and F as each director. The Defendant’s board of directors held on May 23, 2015, and appointed G, H and I as each director and appointed E as the representative director.
(B) The resolution of each of the above board of directors shall be referred to in the preceding paragraph. (e)
On June 15, 2015, each of the board of directors of the instant case registered the appointment or re-election of the directors or the representative director, and the registration of the dismissal of the representative director of the Plaintiff was completed.
F. The Plaintiff appealed against the judgment of the first instance court of this case, and the appellate court (U.S. District Court 2015No34) reversed the said judgment and sentenced the Plaintiff not guilty on September 2, 2015, and on December 10, 2015, the Prosecutor’s appeal was dismissed from the final appeal of the Supreme Court (Supreme Court 2015Do15042) and the said judgment of the appellate court became final and conclusive.
G. On April 21, 2016, the Plaintiff filed a lawsuit seeking the revocation of the instant dismissal order against the Governor of the Gyeonggi-do (U.S. District Court 2015Guhap62638), and rendered a judgment revoking the instant dismissal order. The said judgment became final and conclusive around that time.
On May 12, 2016, the Governor of the Gyeonggi-do notified the defendant that the order of dismissal of this case is revoked.
(h)..