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(영문) 춘천지방법원 원주지원 2012.11.20 2012고단117

명예훼손

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The Defendant is the president of the E University located in R in the Republic of Korea.

The victim F obtained authorization to abolish the HA as a financial shortage, etc. from the Foundation established on March 6, 1962 by Go G, the victim F purchased the HA on March 8, 1974 and changed the name into the ESA, and purchased the first school site in the original city in the original city, and contributed to the EAD and established the EA. Based on this, the EA was established.

Around April 1994, the victim was detained in relation to the illegal act of entering the E University, and the E Institute had been operated by temporary directors appointed by the Ministry of Education, while those such as victims, etc. were excluded from the operation of school juristic persons, and the defendant was dispatched from January 1, 2002 to temporary directors of the E Institute, and the above temporary directors decided to appoint nine regular directors by holding a board of directors on December 18, 2003.

Therefore, the previous directors such as victims filed a lawsuit against the EA in order to confirm the invalidity of the above board of directors resolution, and the Supreme Court sentenced the judgment to confirm the invalidity of the above board of directors resolution.

(Supreme Court en banc Decision 2006Da19054 Decided May 17, 2007). In relation to the right to manage a private teaching institute, conflicts between the so-called "Gu Foundation" and the "new Foundation" that has been involved in the operation of a school at the time of the previous system of the temporary directors system have been constantly serious. With respect to these disputes, the Supreme Court en banc Decision 2006Da19054 Decided the establishment of a school foundation must respect the intention of the founder at the time of the operation of the foundation established for the purpose of establishing and operating the private school, i.e., the purpose of the establishment of the school foundation. Since the purpose of the establishment is realized by the natural persons who form the decision-making body and the decision-making body, the founder is the first director, the directors are the latter, and the latter is the latter.