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(영문) 서울행정법원 2013.09.24 2012구합43833

이사선임처분취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of the disposition;

A. An intervenor is a school foundation that establishes and operates Q secondary schools, Rhigh schools, S University, T Kindergartens, U secondary schools, etc.

B. Around March 2003, at the S University affiliated with the Intervenor (hereinafter “S University”), professors and employees (hereinafter “in-school members”) were the faculty members of V, the president, and the Plaintiff’s president, the president of V, and the Plaintiff’s president, the president of the Intervenor, and the Plaintiff’s president of the V (hereinafter “V”) demanded the president’s withdrawal from the school.

In addition, as a result of the comprehensive audit of the Ministry of Education and Human Resources Development (referring to the current Ministry of Education, the Ministry of Education, and the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education, and the Ministry of Education (hereinafter referred to as the "Ministry of Education") in July of the same year, accounting fraud, such as embezzlement

C. On January 9, 2004, V and in-school members agreed to appoint a new photograph of the Intervenor by constituting three persons recommended by the existing directors, three members in-school, three recommended by V, and three recommended by the Ministry of Education in order to terminate the school subcommittee and normalize the school operation under the arbitration of the Ministry of Education.

According to the above agreement on June 29, 2004, the intervenor appointed the intervenor's new director of the plaintiff D, E, F, and V recommended by the members of the Ministry of Education in the plaintiff A, C, B, and V (the term of office is until July 8, 2009; hereinafter "previous director") and the previous directors of the same year.

9. 11. A was elected as the new president of S representative.

E. After that, around July 2007, conflicts arise between the board of directors and the members in the school with respect to the issue of dismissal of AA, Plaintiffs A, C, and B recommended by the Ministry of Education to resign from the office of directors.

In addition, when the board of directors was operated by the conflict between V recommendation directors and members recommendation directors in the academic world on the amendment of the Intervenor's articles of incorporation, the Defendant against all the remaining six directors of the Intervenor on September 9, 2009.