beta
(영문) 서울행정법원 2018.03.29 2016구합82355

입학정원감축처분 취소의 소

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. The Plaintiff was a school juristic person established on December 2, 1975 for the purpose of higher education and vocational technology education, and established and operated B University (hereinafter “instant University”) since 194 as a school juristic person established on December 2, 197.

B. From September 15, 2014 to September 26, 2014, the Defendant conducted a comprehensive audit of the instant university (hereinafter “instant audit”) and omitted the details of the following: (a) on March 11, 2015, the Defendant notified the Plaintiff of the results of the comprehensive audit by notifying the Plaintiff of the total audit in accordance with the attached Form 1’s disposition of the audit results; and (b) on September 15, 2014, the details of which are not directly related to the assertion and determination of the instant case.

The term "disposition" was requested as a result of the comprehensive audit that the performance report should be submitted within 60 days after the completion of the written request for disposition.

C. On April 9, 2015, the Plaintiff filed an application with the Defendant for a retrial seeking revocation of each of the following dispositions as stated in the Disposition Claim No. 1, 2, 3, 4, 9, 14, 17, 22, 23, 24, and 25 (hereinafter referred to as “each of the above dispositions Claim”; and each of the remaining dispositions Claim No. 1; “the remainder of each of the above dispositions Claim”; and each of the above dispositions Claim No. 1; if it is necessary to individually specify each of the above dispositions Claim No. 1, 2, 3, 4, 9, 14, 17, 22, 23, 24, and 25 on June 12, 2015, the Defendant changed construction costs subject to the Disposition Claim No. 24 from KRW 177,083,00 to KRW 172,916,000, and all of the remaining applications were dismissed.

On June 5, 2015, the Plaintiff requested the Central Administrative Appeals Commission to take each of the dispositions of this case: Provided, That in the case of a request for disposition No. 24 once a year of this case, the construction cost subject to recovery of correction items shall be determined by the Defendant’s decision on the retrial.