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(영문) 수원지방법원성남지원 2017.09.19 2016가합206655

이사회결의부존재확인의소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, an incorporated association, (hereinafter “Plaintiff A”) operated K schools and L schools as an incorporated association for the purpose of research, education, and training for national unification. Plaintiff B was a former director of the Defendant whose appointment approval was revoked by the Ministry of Education on August 26, 2013. Plaintiff C was a former director of the Defendant’s office whose appointment approval was revoked by the Ministry of Education, and Plaintiff C was a former director of the Defendant’s office on September 17, 2016.

B. On May 21, 2012, the Ministry of Education conducted a comprehensive audit on the Defendant on May 21, 2012, and decided to abolish K school on May 29, 2013. On August 26, 2013, the Ministry issued a disposition to revoke the Defendant’s approval of taking office for Plaintiff B, M, N, andO pursuant to Article 20-2 of the Private School Act.

C. On January 3, 2014, the Ministry of Education, upon Article 25 of the Private School Act, appointed P, Q, R, Q, Q, U, and V as the Defendant temporary directors (termed from January 3, 2014 to January 2, 2015), respectively, on February 2, 2015, as Defendant temporary directors (termed from February 2, 2015 to February 1, 2016).

The former director B, M, N, andO filed a lawsuit against the Minister of Education to revoke the approval of taking office on August 26, 2013.

On May 1, 2014, the Seoul Administrative Court (2013Guhap24686) dismissed the above Plaintiff B, etc.’s claim on the grounds that there exists a ground for disposition under Article 20-2(1) of the Private School Act, and that there is no deviation or abuse of discretion to revoke the approval of taking office.

The appeal (Seoul High Court 2014Nu50851) and appeal (Supreme Court 2015Du37587) against the above judgment were dismissed, and the above judgment became final and conclusive.

E. On March 20, 2017, the Ministry of Education appointed E, F, G, H, I, and J as the Defendant’s temporary director (the term of office from March 20, 2017 to March 19, 2018) (hereinafter “instant temporary director appointment disposition”).

[Ground of recognition] The descriptions of Gap evidence Nos. 4, 7, Eul evidence Nos. 1, 2, and 10 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The defendant.