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(영문) 수원지방법원 2018.07.17 2018구합60183
사장임명처분 취소 청구의 소
Text

1. The Defendant’s disposition of appointing the president of the BD on December 28, 2017 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. B is a local public enterprise established pursuant to the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of Gwangju City B, and its president shall be appointed by the defendant from among the persons recommended by the Executive Recommendation Committee pursuant to the Local Public Enterprises Act.

B. As the term of office of the president of the B Corporation is expected to expire on January 17, 2017, the Executive Recommendation Committee was organized on December 16, 2016 to recommend the Defendant a candidate for the B Corporation president.

C. On December 23, 2016, the Executive Recommendation Committee publicly announced the open recruitment of executive officers of B, and conducted the examination of documents on applicants, but decided on January 16, 2017 that “no successful applicant is available” and did not recommend candidates for the president to B.

On the other hand, upon the expiration of the term of office of the president of the B Corporation, C, who has served as the standing director of the B Corporation, was appointed as the acting director on January 17, 2017 and performed his duties.

On February 3, 2017, the Executive Recommendation Committee made a public announcement of the open recruitment of executive officers of the second public corporation and conducted interview to applicants, but did not recommend candidates for the president to the second public corporation.

E. On November 17, 2017, the Executive Recommendation Committee publicly announced the instant open recruitment of executive officers of B (hereinafter “instant open recruitment”) (D) and followed the procedures for recommending the president of B.

F. The Plaintiff, C, etc. subscribed to the instant open recruitment, and the Executive Recommendation Committee recommended the Plaintiff and C as the president candidate after an interview on December 19, 2017.

G. On December 28, 2017, the Defendant appointed C as the president of the B Corporation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, 11, 18, Eul evidence Nos. 8 and 11, the purport of the whole pleadings

2. The plaintiff's assertion

A. 1C directly participated in the board of directors for the recommendation of members of the Executive Recommendation Committee as a standing director of the B Corporation.

However, C is now the case in this case directly.

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