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(영문) 수원지방법원 2011.04.07 2010구합18001

재정결함보조금등반환지시처분취소

Text

1. All of the lawsuits of plaintiffs B, D, F, and H shall be dismissed.

2. The plaintiff school foundation A, school foundation C, school foundation E, and school foundation;

Reasons

1. Facts of recognition;

A. The Plaintiff Educational Foundation A (hereinafter referred to as the “Plaintiff A”) established and operates “I” as an educational foundation aimed at providing secondary education, higher education, and specialized education on commerce. The Plaintiff Educational Foundation C (hereinafter referred to as “Plaintiff C”) established and operates “J school” as an educational foundation aimed at providing general education, and the Plaintiff Educational Foundation E (hereinafter referred to as “Plaintiff E”) established and operates “K school” as a school foundation aimed at providing secondary education. The Plaintiff Educational Foundation G (hereinafter referred to as “Plaintiff G”) established and operates “L school” as a school foundation aimed at providing secondary education, general education, and specialized education.

(hereinafter referred to as “Plaintiff school juristic person”). B.

Plaintiff

A, on March 1, 2010, on which M was in office as the president of the educational foundation, appointed Plaintiff B, the spouse of the above M, as the principal of the I school. On July 1, 2010, on which Plaintiff C was in office as the president of the N educational foundation, appointed Plaintiff D, the children of the above N, as the principal of the J school on July 1, 2010, who was in office as the principal of the J school. Plaintiff G appointed Plaintiff B, the children of the aboveO, as the principal of the L school on July 1, 2010, who was in office as the president of the school foundation.

On the other hand, on March 1, 2008, Plaintiff E appointed Plaintiff F as the principal of K School, and thereafter, on April 29, 2008, the board of directors of Plaintiff F as of April 2008 appointed Plaintiff F as the chief director, thereby Plaintiff P appointed Plaintiff F as the chief director of the school juristic person on November 3, 2008.

(hereinafter referred to as “Plaintiff B, etc.”) when referring to Plaintiff B, D, F, and H who is appointed as the principal of each of the above schools.

Plaintiff

School foundations shall establish and operate schools which have relations with the chief director, spouse or lineal descendant pursuant to the proviso to Article 54-3 (3) of the Private School Act.