당연면직처분무효확인 청구의 소
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant established and operated B high schools for the purpose of providing secondary education, and the Plaintiff served as office staff at B high schools from October 13, 1997.
B. On August 13, 2012, the Plaintiff was sentenced to imprisonment with prison labor for one year, two years of suspended execution (Supreme Court Decision 2012No1584) and the final appeal (Supreme Court Decision 2013Do1162). However, on October 17, 2013, the lower court’s judgment became final and conclusive.
C. On February 5, 2013, the Defendant held a board of directors and passed a resolution to amend the Articles of Incorporation of the Defendant as indicated below. On February 15, 2013, Article 45(2) of the former Private School Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter referred to as “Private School Act”) of the former Private School Act (amended by Act No. 11690, Mar. 23, 2013); and Article 45(2) of the former Private School Act (amended by Act No. 11690, Apr. 1, 201
(2) Where an educational foundation amends its articles of incorporation pursuant to paragraph (1), it shall report to the Minister of Education, Science and Technology within 14 days.
(3) Upon receipt of a report under paragraph (2), the Minister of Education, Science and Technology may order the relevant school juristic person to take corrective measures or change within 30 days when he/she deems that the changed matters
(4) A school juristic person in receipt of an order for correction or modification under paragraph (3) shall correct or change it without delay and report the fact to the Minister of Education, Science and Technology.
Article 28 (Delegation of Authority) of the former Enforcement Decree of the Private School Act (Amended by Presidential Decree No. 24423, Mar. 23, 2013) shall delegate the following authority concerning school juristic persons referred to in Article 4 (1) 2 of the Act to the superintendent of education of a City/Do pursuant to Article 71 of the Act:
4. Receipt of reports on changes in the articles of incorporation under Article 45 (2) of the Act;