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(영문) 광주지방법원 2017.09.29 2017가합54147
이사회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a school juristic person operating the E High School (hereinafter “instant school”).

Plaintiff

A from March 1, 2012 to March 1, 2012, while serving as a fixed-term teacher in the instant school, was appointed as art and regular teacher on March 1, 2014 after undergoing the appointment examination of the Defendant’s regular teacher recruitment and employment procedures (hereinafter “the appointment examination of this case”). From June 2, 2012 to June 2, 2012, Plaintiff B was appointed as a scientific and regular teacher on March 1, 201 after undergoing the appointment examination of this case while serving as a fixed-term teacher in the instant school. Plaintiff C was appointed as a Korean language and regular teacher on March 1, 2013 after undergoing the appointment examination of this case.

(hereinafter the Plaintiffs’ respective appointment contracts are referred to as “instant appointment contracts”). B.

Plaintiff

A’s mother F, Plaintiff C’s father G, and Plaintiff B’s mother H (hereinafter “Plaintiff’s parents”) made a solicitation to employ the Plaintiffs to the instant school as a regular teacher to the Defendant’s president I, directors J, and corporate office K, etc., and as a result, purchased money and valuables.

As a result, F and G were found guilty on August 19, 2016 in Gwangju District Court 2016Da1997 and 2016 Godan2102 (Joint), and F and G were sentenced to a suspended sentence of one year, and G were sentenced to a suspended sentence of two years, and G was sentenced to a suspended sentence of two years in August, 2016. On December 14, 2016, in Gwangju High Court 2016No3023, the appellate court of the foregoing case, the appellate court of Gwangju High Court 2016No3023, the dismissal of the appeal against F and the fine of 6 million won for G was sentenced, and the judgment became final and conclusive around that time.

On the other hand, H was prosecuted on charges of giving rise to breach of trust, and received a summary order of KRW 4 million from the Gwangju District Prosecutors' Office 2016 high-ranking 6925 on June 16, 2016, and the said order became final and conclusive around that time.

C. On January 6, 2017, the Defendant held a board of directors and passed a resolution to revoke each appointment of the Plaintiffs (hereinafter “instant resolution to revoke the appointment”), and on the same day, Article 357 of the Private School Act to the Plaintiffs on the same day.

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