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(영문) 서울서부지방법원 2014.10.02 2014가합34669
이사회 결의 무효 확인 등 청구의 소
Text

1. The plaintiffs' lawsuits against defendant E are dismissed.

2. The defendant educational foundation D between the plaintiffs and defendant educational foundation D.

Reasons

Basic Facts

Defendant School Foundation D (hereinafter “Defendant D”) was established on April 25, 1964, and established and operated F Middle Schools and F High Schools. The Plaintiffs are directors of Defendant D.

Defendant D held the board of directors on June 10, 2014.

In the above board of directors, G, H, I, J, K, K, and M were present at the above board of directors, and a resolution was made to appoint Defendant E as Defendant D director (hereinafter “instant resolution”).

The relevant contents of the Private School Act and the Articles of Incorporation are as follows:

Article 17 (Convocation of Board of Directors) (3) In convening a board of directors, each director shall notify each director of the purpose of the meeting at least seven days before the meeting.

except where all directors are gathered and all of them request the holding of the board of directors.

Article 18 (Quorum and Quorum for Proceedings) (1) Unless otherwise provided in the articles of incorporation, the proceedings of the board of directors shall be held with attendance of the majority of the registered directors, and pass resolutions with the concurrence of the majority

Article 20 (Appointment and Term of Office of Officers) (1) Officers shall be appointed at the board of directors as prescribed by the articles of association.

(2) Executives shall take office with approval from the competent authorities.

In such cases, personal information shall be disclosed, as determined by the Minister of Education.

Article 13 (Types and Fixed Number of Officers) of the Articles of Incorporation of Defendant D shall have the following officers:

1. Nine directors (including one chief director) and the auditor shall be appointed by the board of directors and the auditor with the approval of the competent agency;

Personal information, such as the name, age, term of office, incumbent, and major career of executive officers, shall be disclosed on the school website.

Article 15bis (Qualifications of Open Directors) Open Directors of the corporation shall be appointed to the pastors or chiefs of the religious order to which they belong.

Article 15-4 (Appointment of Open Directors) (1) This corporation shall recommend open directors within 15 days from the date on which the grounds for appointment of open directors have occurred.

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