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(영문) 서울고등법원 2017.10.27 2017누46877
임원취임승인신청 거부처분 취소 청구의 소
Text

All appeals by the defendant against the plaintiffs are dismissed.

Expenses for appeal shall be borne by the defendant.

purport, purport, and.

Reasons

1. Details of the disposition;

A. On November 16, 201, a school foundation C (hereinafter “C”) prepared a false meeting minutes of the board of directors to the effect that the board of directors, including Plaintiff B, passed a resolution to appoint the said four directors while the board of directors present at the meeting of the board of directors to appoint the said four directors.

B. Around that time, C applied for approval of the appointment of directors of Plaintiff B, etc. along with the above minutes, etc. to the Defendant, and obtained approval in accordance with the purport of the application. Plaintiff B was appointed as a director on December 7, 201.

C. The superintendent of the Gyeonggi-do Office of Education, around 2016, did not actually hold a board of directors from C to C during the period from 2011 to 2015, and found the fact that C’s employees individually visited directors to have prepared a false board of directors meeting minutes in a manner signed on the minutes.

On June 20, 2016, the Superintendent of an Office of Education of Gyeonggi-do issued a request for correction pursuant to the audit results against C on June 20, 2016, and notified C on September 26, 2016 that C's chief director, eight directors, including Plaintiff B, and two auditors would cancel approval of taking office (hereinafter referred to as "instant cancellation notification"), and C and Plaintiff B did not comply with the procedure of objection.

Title: The notice of the cancellation of approval of taking office;

2. It is confirmed that the result of self-audit by the Office of Education of Korea on the school juristic person C (Maintenance: D, E) has caused a serious trouble to the operation of the juristic person and the operation concerned by violating the Private School Act and relevant Acts and subordinate statutes, such as not holding of a board of directors, preparation of minutes of a board of directors, false preparation of meeting minutes

3. Omitted from granting approval for taking office to 11 executive officers of a school juristic person C pursuant to Article 20-2 of the Private School Act (the president F, G, directors H, directors I, directors B, directors J, directors K, directors L, directors M, auditors N, and auditors) as attached thereto, and the relevant educational juristic person C: A school juristic person C.

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