학교장 승인신청에 대한 반송처분 취소소송
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Details of the disposition
Plaintiff
A (hereinafter referred to as “Plaintiff A”) is a school foundation that maintains and manages C High School (hereinafter referred to as “instant school”), and Plaintiff B is the founder of Plaintiff A and the spouse of Plaintiff D, the chief director.
Plaintiff
On December 11, 2009, the board of directors of A passed a resolution that Plaintiff B shall be appointed as the principal of the instant school for a term of four years from January 1, 2010 to four years (the term of the principal of the school according to the articles of incorporation shall be four years). On December 29, 2009, Plaintiff A obtained approval from Defendant for the appointment of the principal of the Plaintiff B (hereinafter referred to as “prior approval disposition”) pursuant to Article 54-3(3) of the Private School Act.
On January 30, 2013, the defendant revoked the prior approval disposition in the sense that the above resolution of the board of directors was null and void.
Accordingly, Plaintiff B designated Plaintiff B as the principal acting for the instant school from February 5, 2013 to December 31, 2013. Plaintiff B filed a lawsuit seeking the revocation of the said revocation disposition as Seoul Administrative Court No. 2013Guhap3863, while Plaintiff B filed an application for suspension of execution of the said revocation disposition and received the decision of acceptance on February 12, 2013.
On October 11, 2013, the above court rendered a judgment revoking the defendant's revocation of the above disposition on the ground of procedural defect without giving the opportunity to present opinions, and the above judgment became final and conclusive as it is.
Accordingly, the defendant revoked the prior approval on December 18, 2013 through the procedure for submitting opinions.
After that, Plaintiff B, with the Defendant’s approval, served as the principal of the instant school from January 1, 2014 to December 31, 2017.
Plaintiff
On December 27, 2017, the board of directors of A passed a resolution again to appoint Plaintiff B as the principal of this case for four years from January 1, 2018. Accordingly, on December 29, 2017, Plaintiff A applied for the approval of the appointment of the principal of this case against Plaintiff B (term: from January 1, 2018 to December 31, 2021) to the Defendant.
The defendant obtained approval for each term of office of the plaintiff A on January 4, 2018 and the term of office of the plaintiff B on January 2010 and 2014 from the Private School Act.