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(영문) 춘천지방법원 2019.05.21 2018구합51056

감사결과처분 무효

Text

1. The plaintiff B's lawsuit shall be dismissed.

2. The plaintiff's primary claim and the conjunctive claim are all dismissed.

Reasons

1. Details of the disposition;

A. Plaintiff A (hereinafter “Plaintiff corporation”) is an educational foundation that operates Chigh School (hereinafter “instant school”), and Plaintiff B is currently the principal of the instant school.

B. Around May 2017, the Defendant conducted a self-audit of the instant school, and on June 29, 2017, issued a disposition of audit results (hereinafter collectively referred to as “instant disposition”) with respect to improper operation of after-school schools as follows.

Audit results partially differ in the contents and form of the Guideline 2014, 2015, and 2016, but the main points at issue in this case are the same, and since the original defendants do not specifically dispute the differences in the contents of each Guideline, schools are able to establish and operate various programs, such as curriculum-related careers and aptitudes, by reflecting the needs of students and parents, and provide guidance on the annual work process in accordance with the Guideline 2014, 2015, and 2016, the operation plan for after-school schools shall be prepared for each instructor, program, and instructor fees shall be paid based on the place of activity and attendance.

In particular, it is prohibited to use tuition fees in the nature of personnel expenses in consideration of class management in relation to the operation of after-school. Nevertheless, the school of this case also operates after-school programs in 2014-2016, (1) is to operate programs after-school consultation with the school operation committee, (2) is to be consulted with the school operation committee in April of the semester without discussion and review, and (3) is to be participating in after-school programs.