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(영문) 서울고등법원 2020.07.09 2020누33222

임원취임승인취소처분취소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for dismissal or addition as set forth in paragraph (2) below, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(3) In light of the above legal principles, in light of the above legal principles, Article 24 of the Private School Act, which provides that “If a vacancy occurs in a school juristic person’s director or auditor, it shall not be deemed that a school juristic person’s executive is not subject to Article 20-2(1)1 of the Private School Act and Article 20-2(2)2 of the Private School Act, it shall not be deemed that the facts alleged in the first instance trial are not different from that alleged in the first instance trial, and even if all of the evidence submitted in the first instance and the first instance trial were examined, the fact-finding and judgment of the first instance court that rejected the plaintiffs’ claims are justifiable.” Article 24 of the Private School Act provides that “If a vacancy occurs in a school juristic person’s director or auditor’s office, as long as an executive officer performs the affairs of the school juristic person by exercising his/her right of emergency disposal, it shall not be deemed that there is no reason for disposition in this part.”

In addition, according to the Private School Act, the directors of the school juristic person shall attend the board of directors and matters concerning the school juristic person's affairs.