Effect of a resolution by the board of directors held without a director’s attendance due to a failure to notify a specific director;

If the board of directors of a social welfare foundation fails to call a legitimate call-up to a specific director and is held without the attendance of the director, the board of directors shall be invalid.

Social Welfare Services Act Article 26 (Civil Act Article 58)

Supreme Court Decision 85Nu884 delivered on March 22, 198 (Gong1988, 701) 92Da749 delivered on July 24, 1992 (Gong1992, 2529) 92Da428 delivered on November 24, 1992 (Gong193Sang, 216)

Plaintiff

Attorney Park Jong-ho et al., Counsel for the plaintiff-appellant

Daegu High Court Decision 93Na5506 delivered on June 9, 1994

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

The fact-finding of the court below as to the point out of the theory of lawsuit is justified in light of the evidence relations and records presented by the court below, and there is no error of law by misunderstanding facts against the rules of evidence without making a proper deliberation like the theory of lawsuit.

As duly determined by the court below, if the board of directors on June 29, 191 did not give a legitimate notice to the plaintiff, who is a director, and the plaintiff was held without the plaintiff's attendance, the decision of the court below to the same purport is justified, and the judgment below is not erroneous in the misapprehension and application of the law such as the theory of lawsuit, and there is no ground for appeal.

Therefore, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Jae-young (Presiding Justice)