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(영문) 수원지방법원 2017.12.21 2016구합70605 (1)

임원취임승인취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. A. A school juristic person B (title B before the change: school juristic person C) was established on August 14, 1970 and established on March 5, 1971; and Ehigh school on November 26, 1980, respectively, and is a juristic person operating the above two schools until now.

(hereinafter referred to as the "corporation of this case"). (b)

On May 30, 2008, the Plaintiff obtained approval for taking office under relevant statutes, and was appointed as a director of the instant corporation on May 30, 2008, and was reappointed on May 30, 2013, and was in office as the president from September 27, 2009 to September 27, 2009.

C. The auditor of the Gyeonggi-do Office of Education conducted an audit on the instant corporation, D middle schools, and E-high schools from December 8, 2015 to December 24, 2015, and from February 19, 2016 to March 15, 2016.

On August 17, 2016, the Defendant: (a) revoked the Plaintiff’s approval of taking office on December 16, 2016, 2016, on the following grounds, on September 5, 2016, for the following reasons: (b) the instant corporation: (c) the instant corporation indicated three matters in the audit as indicated in the foregoing paragraph (c); (d) the selection of trainees for career-based counseling counselors and the recruitment of teachers; (e) the improper involvement in school administration; and (c) the board of directors’ request for correction of improper management practices (hereinafter “instant request for correction”); and (d) the Plaintiff’s approval of taking office on December 16, 2016 after prior notice and hearing

(hereinafter referred to as “instant disposition”). The chief executive officer B of a school juristic person who issued a disposition revoking the approval of taking office shall comply with the relevant laws and regulations, such as Articles 18, 19, 21(3), 24, 53-2, and 53-4 of the Private School Act, Article 21 of the Enforcement Decree of the same Act, Articles 20, 21(2), and 48 of the Articles of Incorporation of the school juristic person, and Articles 20, 21(2), and 48 of the Articles of Incorporation of the school juristic person, and the Personnel Affairs Manual

In summary, selection of persons to receive training courses for vocational career counseling counselors and inappropriate procedures for employing teachers are expected to be inappropriate.

1. An application for qualification training of vocational career counseling teachers by the chief director who is improper to select persons eligible for qualification training for vocational career counseling instructors, through interviews with a specific teacher in a school to which his/her children are appointed;