[임시이사직무대행자선임각하결정에대한항고사건][하집1986(3),140]
Whether the court may appoint a temporary director of a school juristic person pursuant to the provisions of the Civil Act.
The Private School Act was enacted for the purpose of promoting the sound development of private schools by securing the independence and promoting the public nature in view of the special characteristics of private schools. In particular, Article 25 of the Civil Act provides that where a school juristic person fails to fill the vacancy of directors, and the purpose of the school juristic person is not achieved or is likely to cause damage, the Minister of literature and delivery who is not the court shall appoint a provisional director at the request of an interested party or ex officio, and the court shall not apply for the appointment of a provisional director.
Article 63 of the Civil Act, Article 25 of the Private School Act
Applicant
The principal school juristic person
Suwon District Court of the first instance (86Ma342 Ruling)
The appeal is dismissed.
The original decision shall be revoked and the final decision shall be sought again.
The applicant is the cause of the application of this case and the date the board of directors should urgently deal with the issue of finance, etc. because the principal of this case is a school juristic person. However, the number of the directors under the articles of incorporation of the principal of this case is 11 including the chief director, and the quorum is a majority (6 or more) of the above fixed number. Five directors among them are in the state of suspension of the execution of duties by the judgment of Suwon District Court 85k (number omitted) dated June 20, 1985, and the non-party 1 and non-party 2 among the seven directors who can perform duties are able to perform duties, whose term expires as of September 24, 1985, and even if the above directors are obliged to continue to perform their duties until the appointment of the senior director, the non-party 2 is unable to attend the board of directors because the non-party 1 was originally the chief of the board of directors of this case, and the non-party 1 is merely a non-party 2 who is a non-party 1 and the representative of this case and can actually perform their duties.
However, the case principal corporation is a juristic person established under the Private School Act, and the Private School Act was enacted for the purpose of promoting the sound development of private schools by securing its independence and promoting its public nature in light of the special characteristics of private schools. In particular, considering the special characteristics of the school juristic person in general civil affairs, the special provisions applicable in preference to the above provisions of the Civil Act concerning the selection and appointment of a temporary director of a juristic person should be applied in cases where the school juristic person fails to fill the vacancy of directors and the purpose of the school juristic person is not achieved or is likely to cause damage, the non-court letter delivery Minister shall appoint a temporary director at the request of interested parties or ex officio. Thus, if there are such reasons as stated above, the applicant is required to request the literature delivery Minister to appoint a temporary director pursuant to Article 25 of the Private School Act, and it is not possible to request the court to file a request for the selection and appointment of a temporary director. For this reason, the original decision dismissed by the applicant on the ground that the applicant's appeal against it is justifiable and without merit.
Judges Lee Jae-soo (Presiding Judge)