임원취임승인취소처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The educational foundation E (hereinafter “E”) is a school foundation that establishes and operates a F School and G cyber university, and the Plaintiffs are officers of E, whose positions and terms of office are as follows:
The title title of Plaintiff A director from July 8, 2012 to July 7, 2016, the president from September 29, 1999 to September 29, 2013 to August 26, 2013, the president of F School from March 1, 2008 to January 13, 2013, Plaintiff B director from September 24, 2009 to September 23, 2013, Plaintiff C director from October 29 to October 28, 2013, Plaintiff D director from September 29, 2009 to October 28, 201 to September 23, 2013.
A comprehensive auditor conducted a comprehensive audit against E, from May 21, 2012 to June 5, 2012, and then made a disposition as a result of a comprehensive audit on November 19, 2012, stating the same details as the disposition as the result of the comprehensive audit on the attached Form, and demanding the relevant measures for identification administration and financial measures.
C. On February 20, 2013, the Defendant requested correction from E based on the result of a comprehensive audit by March 11, 2013, and notified the Plaintiffs to cancel the approval of taking office when failing to comply with the request. On August 26, 2013, Article 20-2(2) of the Private School Act and Article 9-2 of the Enforcement Decree of the Private School Act, based on the same reasons as indicated below (hereinafter collectively referred to as “instant violation”), the Defendant revoked the approval of taking office for eight former and incumbent directors, including the Plaintiffs, pursuant to Article 20-2(2) of the Private School Act and Article 9-2 of the Enforcement Decree of the Private School Act.
(3) Article 16(2) and Article 28 of the Private School Act, Article 54 of the Enforcement Decree of the Lifelong Education Act, and Article 4-E of the Financial Accounting Rules of private school institutions, following a resolution of the board of directors on November 17, 2003, on November 26, 2003 by the former Minister of Education and Human Resources Development to sell 43,138 square meters of land (basic property for profit) such as Gwangju City I, J, K, and L, as well as 138 square meters.