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(영문) 서울행정법원 2014.05.02 2013구합63117

임원취임승인거부처분 취소청구의 소

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. School Foundation G (hereinafter “G”) is a school foundation that establishes and operates I Elementary Schools, I International Middle Schools, and I High Schools (hereinafter “I Schools”) at H in Gangnam-gu Seoul Metropolitan Government.

B. From March 8, 2013 to March 29, 2013, the Seoul District Office of Education conducted a special audit of G-affiliated schools, and discovered 31 items of irregularities, such as improper exercise of personnel rights.

C. On July 29, 2013, the Seoul Special Metropolitan Office of Education issued an order to the Plaintiff on July 29, 2013 to exercise personnel rights of school juristic persons, to falsely prepare and manage meeting minutes of the board of directors, to falsely manage corporate funds and corporate school accounting’s improper participation in the management of funds for school accounting, to secure and support scholarships for social care, to improper employment of new teachers, to unfair management of employment of new teachers at I, to unfair management of employment of new teachers at I, to unfair management of employment of new teachers at I, to unfair application for subsidies for non-permanent retirement allowances of private school teachers, to provide unjust enrichment under a design and supervision contract for the purpose other than school juristic person’s expenditure, to perform the defective operation of the services, to execute the construction of the facilities, to enter into an unfair private contract and contract for defective performance of the construction of I elementary school facilities, to enter the I elementary school facilities, to receive money and valuables, to instruct the Plaintiff from the I elementary school at the time of screening new students, to correct the officer’s failure to comply with the officer’s duty.

On August 21, 2013, the Seoul Metropolitan Office of Education notified G of the hearing to revoke approval of taking office. D.

G, on August 21, 2013, by holding a board of directors, from September 19, 2013 to October 5, 2013, G, from September 19, 2013, the president, directors M, N,O, and Q, with the exception of K, L, and passed a resolution to appoint the Plaintiffs as new directors.

(hereinafter “Resolution of the Board of Directors of this case”). (e)

G shall be September 13, 2013.