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(영문) 광주지방법원 2019.06.13 2018구합12497
사회복지법인설립허가취소처분 취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation established with the purpose of contributing to the promotion of social welfare by promoting the welfare of local communities under the Social Welfare Services Act and the Welfare of Persons with Disabilities Act and by supporting the disabled to lead to social activities by promoting their self-reliance ability and social adaptation capabilities, and completed the registration of incorporation on November 7, 2008 with the permission of the Defendant

B. On July 26, 2018, the Defendant revoked the Plaintiff’s permission to establish a social welfare foundation (hereinafter “instant disposition”) for the following reasons.

When a corporation is permitted to establish a social welfare foundation, it shall make a false contribution to 813,60,000 won of basic property contributions to 813,60,000 won of basic property contributions in its name for the purpose of obtaining permission for establishment of a social welfare foundation - to withdraw all deposits following the following day under the name of the corporation and transfer them to 4, B, etc. without permission - The fact that there is no dispute over the issuance of a certificate of balance issued under the status of the real property deposit - the submission of a certificate of permission for establishment of a contribution by the evidence for the purpose of

2. The Plaintiff’s assertion did not constitute a false contribution of KRW 813,600,000 in cash among fundamental property.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. According to Article 23 of the former Social Welfare Services Act (wholly amended by Act No. 10997, Aug. 4, 201; hereinafter the same shall apply) and Articles 12, 13, and 14 of the former Enforcement Rule of the Social Welfare Services Act (wholly amended by Ordinance of the Ministry of Health, Welfare and Family Affairs No. 139, Nov. 30, 2009; hereinafter the same shall apply), a social welfare foundation shall own property necessary for the operation of the social welfare business. Among them, a social welfare foundation shall possess the property; the basic property shall meet the specific standards required by the relevant statutes; the list and value thereof shall be stated in its articles of incorporation; and where it intends to dispose of the basic property, a resolution of the board of directors, etc.

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