A. Pursuant to Article 43 of the Private School Act, the Plaintiff is an administrative agency that provides subsidies to, supervises, and supervises school foundations or private school support organizations, and the Defendant is an educational foundation that operates B high schools (hereinafter “B”) and C high schools (hereinafter “C”).

B. The Plaintiff sent B and C electronic mail as of January 17, 2008, including the content that the office staff of a private school falls under Article 31 (Disqualifications) of the Local Public Officials Act while in office.

C. On the other hand, D, the head of the administrative office of B and C, was indicted for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax), the violation of the Punishment of Tax Evaders Act, and the violation of the Punishment of Tax Evaders Act, and the occupational embezzlement of C, respectively, and the first instance court (Seoul District Court 2006Dahap368) sentenced D on February 9, 2007 the suspension of execution of four years and fine of three billion won in imprisonment for two years and six months, and the second instance court (Seoul High Court 2007Do116) dismissed D and E on October 2, 2007, respectively, and the third instance (Supreme Court 2007Do8866, Oct. 23, 2008) dismissed the final appeal of D and E on October 2, 2007.

(hereinafter “instant criminal judgment”) D.

On September 19, 2012, the Plaintiff issued to the Defendant a measure to recover the defective financial costs ( personnel expenses) for office employees of private schools (hereinafter “instant measure”) from the total amount of subsidies paid as personnel expenses (D) and (E) from November 2008 to March 2012 on the ground that “the Defendant received the defective financial costs for office employees of private schools” (hereinafter “instant measure”).

E. The Defendant filed a suit against the Plaintiff for revocation of the instant disposition with the Gwangju District Court, and the first instance court (2012Guhap5749) dismissed the Plaintiff’s claim on October 10, 2013, and the second instance High Court (201 Gwangju High Court).