1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

The plaintiff is a social welfare foundation established pursuant to the Social Welfare Services Act with the purpose of conducting education, rehabilitation training, etc. of intellectually disabled persons, mentally disabled persons, etc.

(1) At the time of establishment in around 1957, the name was “A” but it was changed to “A” as at March 14, 2012 as at the time of “social Welfare Corporation” (hereinafter “Plaintiff”). The Plaintiff is located in Dobong-gu Seoul Metropolitan Government E, and is operated as its affiliated facilities “D for residential facilities (1968 opening)” (1968) where disabled persons live while lodging, ② “ Daytime Protective Facilities D” (201 opening opening in 2001), ③ “Protection Work D” (1987 opening opening) where disabled persons live, ④ “F School” where disabled persons receive education (1971 opening school), and “living facilities G(209)” of the same kind as the residential facilities D in Gyeonggi-do Mancheon-do.

The first founder of the Plaintiff was H, and around June 1, 1994, Defendant B, his spouse, transferred the Plaintiff’s operational right from H and around July 1, 1994, I was appointed as the president of the corporation, and Defendant B was the president of the residential facility D, the Plaintiff’s affiliated facilities.

Defendant C, one of the children of I and Defendant B, was appointed as the president of September 21, 2009.

On January 7, 2016, in the case of occupational embezzlement, etc. by Seoul Northern District Court 2014Mo2559 (Seoul Northern District Court 2014Modan2559), Defendant B was sentenced to imprisonment with prison labor for the following criminal facts, and Defendant C was sentenced to imprisonment with prison labor for six months, and Defendant B was acquitted of the part of the embezzlement.

Criminal facts

Defendant

B From June 1994 to December 31, 201, the Defendant held the position of the Director of Residence D, the Director of Day Protection Facility D from April 1, 2001 to December 31, 201, the Director of the Office of Social Welfare Corporation D from January 1, 2012 to October 18, 2013, and the Director of “Juvenile Protection Corporation D” from October 18, 2013 to December 23, 2013.