[Exclusive] ADOR Board of Directors Rejects ‘Min Hee-jin’s Appointment’

source: https://m.entertain.naver.com/article/117/0003884135

The ADOR board of directors has rejected the motion to reinstate former CEO Min Hee-jin to her position. Efforts to reinstate Min Hee-jin as ADOR’s CEO have officially fallen through.

On the afternoon of the 30th, during a board meeting held at HYBE headquarters, the ADOR board voted against Min Hee-jin’s reappointment as CEO. This decision aligns with the court ruling from the previous day. On the 29th, the Seoul Central District Court’s 50th Civil Agreement Division (presided by Chief Judge Sang-hoon Kim) dismissed Min’s injunction request, which sought her reinstatement as ADOR’s CEO. The dismissal closed the case, stating that it did not meet the formal legal requirements or was deemed unlawful.

The court ruled Min’s injunction application invalid, citing it as legally ineffective. This judgment was based on the assessment that her claim did not meet the minimum requirements necessary for examination.

While dismissal judgments typically avoid addressing the core issues of a complaint, this decision notably included a detailed explanation for rejecting Min’s claim. Legal experts interpret this as a “substantive dismissal,” implying a more definitive rejection of the application.

At the injunction hearing, Min’s team argued that the case hinged on the validity of the shareholder agreement and that this should be addressed in the court’s decision. However, the court did not grant this request.

The court clarified that whether the shareholder agreement was legally terminated is a matter for the main trial currently underway. They noted ongoing disputes over the validity of the shareholder agreement’s “procure clause,” which pertains to Min’s role as CEO. At this stage, the court deemed it inappropriate to order Min’s reinstatement as CEO based on the clause’s validity.

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A substantive dismissal is a court decision to dismiss a case based on its actual merits or content, rather than on procedural or technical grounds. This type of dismissal indicates that the court has examined the core arguments and evidence of the case and determined that it lacks sufficient legal basis or merit to proceed.

In contrast, a procedural dismissal (or a standard dismissal) occurs when a case is rejected due to failure to meet legal formalities, such as filing errors or missed deadlines, without evaluating the actual content of the claim.

In Min Hee-jin's case, the term "substantive dismissal" implies that the court assessed the legitimacy and strength of her claim and found it lacking, rather than dismissing it simply because of procedural issues.