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(영문) 대법원 1973. 10. 11.자 73마837 결정
[이사직무집행정지가처분신청기각결정에대한재항고][집21(3)민,075 공1973.11.15.(476), 7559]
Main Issues

Whether or not a school juristic person has a cause for disqualification as its officers and has lost qualifications as officers.

Summary of Decision

Even if a school juristic person becomes disqualified as an executive of the school juristic person, it cannot be viewed that the qualification of the chief executive is lost as a matter of course without the cancellation of the appointment approval.

[Reference Provisions]

Articles 20-2 and 22 of the Private School Act

Re-appellant

Man-ciling

The order of the court below

Seoul High Court Order 72Ra64 dated August 24, 1973

Text

The reappeal is dismissed.

Reasons

The re-appellant's grounds for re-appeal are examined.

Since the non-party who is the other party of this case was sentenced to imprisonment for one year, even though the grounds for disqualification have occurred as an executive officer of a school juristic person, it cannot be deemed that the qualification of the chief director is naturally lost without cancellation of the approval of the appointment of the supervisory authority

The decision of the court below that held to this purport does not contain any errors of law by misunderstanding the legal principles or misunderstanding the facts. The conclusion of the decision of the court below does not affect the conclusion on the ground that there was an order of dispersion from the Minister of Delivery as of July 29, 1970, which had already been issued by the school foundation (the president)

Therefore, the above other party should be able to exercise his authority as the chief director until the approval of the appointment of the chief director is revoked from the supervisory authority. Therefore, it is legitimate to notify the re-appellant to dismiss the delegation of the chief director acting on behalf of the chief director, and in this case, the re-appellant shall be deemed to have lost his authority as the chief director acting on behalf of the above school juristic person.

Inasmuch as the decision of the court below that held to this purport is justifiable, this reappeal is without merit.

Therefore, this reappeal is dismissed as per Disposition by the assent of all participating judges.

Justices Han-jin (Presiding Justice)

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