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(영문) 창원지방법원통영지원 2015.09.22 2015가단5506
손해배상(기)
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 a school foundation operating Cmiddle Schools, etc., via the board of directors dated February 19, 2002, appointed the Plaintiff as Cmiddle School principal for six months from March 1, 2002 to August 31, 2002, via the board of directors dated August 30, 2002, and for three years and six months from September 1, 2002 to February 28, 2006, and for four years from February 27, 2006, the Plaintiff was appointed as Cmiddle School principal after the board of directors of February 27, 2006 to the board of directors of February 28, 2010.

B. On February 1, 2010, the Defendant sent to the Plaintiff a notice that the term of office expires on February 28, 2010, and the Plaintiff retired from office at the expiration of the term on February 28, 2010.

C. Meanwhile, Article 65(1) of the articles of incorporation of the defendant corporation provides that "the head of a school established and operated by this corporation shall be appointed or dismissed by the chief director (the term of office shall be four years) through a resolution of the board

(3) On March 27, 2008, it was added that only one time may be reappointed. (4)

On October 25, 1948, the Plaintiff reached the retirement age on February 28, 201, according to Article 47 of the Education and Public Officials Act applied mutatis mutandis by Article 65(5) of the Articles of Incorporation of Defendant Corporation.

【Reason for Recognition】 Each entry in the evidence of subparagraphs 1 through 3, Eul 1, 2, 4, 5, 7 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Defendant is obliged to pay the Plaintiff the money stated in the purport of the claim as compensation for damages, inasmuch as the Defendant committed a series of acts that the Defendant appointed the Plaintiff as the principal, the principal, and the principal, and the retirement of the principal on February 28, 2010. (A) In light of the fact that the term of office of the principal on February 28, 2010 expired, but the retirement age remains, and that the status as a teacher of a private school is guaranteed, the Defendant can maintain the Plaintiff’s status through the appointment of the principal, the fixed-term teacher, etc. on February 28, 2010.

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