모집 정지 처분취소
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1.(a)
Article 2 (5) of the Higher Education Act stipulates that cyber colleges shall be defined as one of the types of schools, and Article 4 stipulates that a person who intends to establish a school shall meet the standards for establishment prescribed by Presidential Decree such as facilities and equipment.
According to delegation, Article 2 (1) of the Enforcement Decree of the Higher Education Act provides that the matters concerning the establishment standards for schools, such as facilities and equipment, shall be provided by the person who intends to establish a school pursuant to Article 4 (1) of the Enforcement Decree.
Accordingly, Article 7 (1) of the former Regulations on the Establishment and Operation of Cyber Colleges (amended by Presidential Decree No. 28294, Sept. 19, 2017; hereinafter “former Regulations on Cyber Colleges”) provides that the basic property for profits equivalent to at least 50% of the annual operating income of the school accounts of universities shall be secured.
Meanwhile, Article 60 (1) of the Higher Education Act provides that "If a school violates education-related Acts and subordinate statutes, or orders or school regulations thereon with respect to facilities, equipment, classes, school affairs, and other matters, the Minister of Education may order the founders, operators, or the heads of the schools to correct or modify such violations within a specified period," and Article 60 (2) of the Higher Education Act provides that "the Minister of Education may order the founders, operators, or the heads of the schools to correct or modify such violations, as prescribed by Presidential Decree, if a person ordered to correct or modify under paragraph (1) fails to comply with such orders within the designated period without good cause."
According to delegation, Article 71-2 of the former Enforcement Decree of the Higher Education Act (amended by Presidential Decree No. 27611, Nov. 29, 2016) provides the detailed criteria for administrative dispositions under Article 60(2) of the Higher Education Act.
In the above [Attachment 4] General Criteria of subparagraph 1 (f) of the above [Attachment 4], the individual criteria are as follows.