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(영문) 서울행정법원 2014.07.17 2013구합55819

임원취임승인취소처분취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

A. The educational foundation M (hereinafter “M”) establishes and operates the N University, and the Plaintiffs are the chief director, directors, or auditors of M, and their positions and terms of office are as follows:

The lower court determined as follows: (a) the lower court determined as follows; (b) the lower court erred by misapprehending the legal doctrine on December 1, 201; and (c) the lower court did not err by misapprehending the legal doctrine on December 31, 2008; and (d) the lower court did not err by misapprehending the legal doctrine on December 31, 2008; and (d) the lower court did not err by misapprehending the legal doctrine on December 31, 2008; and (d) the lower court did not err by misapprehending the legal doctrine regarding the number of directors, thereby adversely affecting the conclusion of the judgment; and (d) the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the ground of appeal.

B. The Minister of Education, Science and Technology (as to Article 29(1) of the former Government Organization Act (amended by Act No. 12114, Dec. 24, 2013) effective on March 23, 2013; hereinafter “Defendant”) succeeded to the human resources development policies, school education, lifelong education, and academic affairs among the duties under the jurisdiction of the Minister of Education, Science and Technology pursuant to Article 29(1) of the former Government Organization Act (amended by Act No. 12114, Dec. 24, 2013; hereinafter “Defendant”) issued a comprehensive audit on M&N universities from December 3, 2012 to December 21, 2012; and issued a comprehensive audit order on January 18, 2013 to point out 13 items, such as “Embezzlement and illegal use of funds for school expenses, and unfair operation of the board of directors,” and to report the result of such comprehensive audit to the Defendant by attaching the relevant documents to March 19, 2013.

(hereinafter referred to as “instant comprehensive audit and inspection disposition” and specify it once a year. Matters pointed out in the instant comprehensive audit and inspection disposition as “matters requiring correction” are as follows. The points pointed out and the summary of the corrective measures are as follows.

One school tuition account for the matters to be pointed out once a year.