감사결과지적사항처분(요구)취소
1. The part of each request for cancellation of disciplinary action among the lawsuits in this case shall be dismissed.
2. All of the Plaintiff’s remaining claims.
1. Details of the disposition;
A. The Plaintiff is the president of B kindergarten which is a private kindergarten (hereinafter “instant kindergarten”).
Any request for disciplinary action (hereinafter referred to as the "request for disciplinary action in this case") - Director (Suspension from Office), teachers (Suspension from Office), and C (hereinafter referred to as the "request for disposition in this case") - Matters concerning the collection of separate accounts other than the kindergarten account (hereinafter referred to as the "request for disposition in this case"): Recovery (unclaimed) (hereinafter referred to as the "request for disposition 1") - 36,588,000 won which was unlawfully received to the special account for educational expenses in Gwangju Metropolitan City (hereinafter referred to as the "request for second disposition").
B. From November 27, 2018 to December 3, 2018, the Defendant conducted a self-audit of the instant kindergarten (hereinafter “instant audit”) with respect to the Plaintiff, who is the head of the instant kindergarten, on March 4, 2019, issued a request for disposition and request for disciplinary action (hereinafter “instant notification”) of the audit results as follows.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. We examine ex officio determination as to the legitimacy of each of the instant claims for revocation of disciplinary action, among the instant lawsuits, whether each of the instant notifications against the Plaintiff and C constitutes a disposition subject to appeal.
A. An administrative disposition, which is the object of an appeal litigation, refers to an act of an administrative agency’s public law that directly affects citizens’ rights and obligations by ordering the establishment of rights or the burden of obligations with respect to a specific matter, or by causing other legal effects, and an act that does not directly change legal status of the other party or other interested persons does not constitute an administrative disposition that is the object of an appeal litigation.
B. (See Supreme Court Decision 2001Du10578 delivered on May 17, 2002).
The above disposition details and the evidence and arguments mentioned above.