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1. The Defendant’s appointment of F, G, H, I, and J as temporary directors of a social welfare foundation on November 2, 2015 shall be revoked.
2...
Reasons
1. Details of the disposition;
A. Korea Social Welfare Foundation K (hereinafter “K”) is a corporation established on December 12, 1956 for the purpose of establishing and operating residential facilities for persons with disabilities.
B) 1) On December 9, 2013, K requested the Regional Community Welfare Council of Gwangju to recommend candidates for directors, pursuant to Article 18(2) of the Social Welfare Services Act, for the appointment of two directors for whom the term of office expires as of February 24, 2014. The Regional Community Welfare Council of Gwangju recommended L, M, N, and Plaintiff D as directors candidates on January 3, 2014. 2) K requested on January 6, 2014 to re-recommendation candidates for directors to the Regional Community Welfare Council of Gwangju, and the Regional Community Welfare Council of Gwangju re-Recommended O, P, Q, and R as directors on March 24, 2014. K appointed directors on April 22, 2014.
C. 1) On March 31, 2015, P submitted to K a resignation letter stating that “I resign from K’s outside director position because it is difficult to perform their duties due to personal problems,” and Q on April 3, 2015, that “I resign from K’s outside director position due to personal circumstances.” 2) Accordingly, on April 8, 2015, K requested the Gwangju Regional Community Welfare Consultative Body to recommend candidates for directors for appointment of P and Q.
1) On April 16, 2015, the Governor of the Gyeonggi-do requested the Defendant to recommend two directors to the Consultative Body on February 24, 2014 as the term of office of outside directors (two outside directors) expires, under Article 18(2) of the Social Welfare Services Act. The Consultative Body recommended four (2) to hold a meeting of the steering committee (as January 3, 2014), and four (2) members of the Consultative Body. However, even if the director recommended by the Consultative Body falls under the grounds for disqualification under Article 19 of the Social Welfare Services Act (Disqualifications for an executive) or fails to approve the appointment, he/she again requested the Consultative Body on January 6, 2014.
In this regard, the Council shall request K to make a second recommendation.