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(영문) 서울행정법원 2017.03.23 2016구합69246
임원취임승인취소처분취소
Text

1. On July 12, 2016, the Defendant’s revocation of approval of taking office against the Plaintiff shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. A school foundation B (hereinafter “B”) is a school foundation that establishes and operates C Middle Schools and C High Schools.

On December 2012, the Plaintiff was appointed as the president of B, and on August 7, 2015, the Plaintiff maintained only the status of directors by resignationing from the office of president. On September 1, 2015, the Plaintiff was appointed as the principal of C Middle School and Chigh School.

B. On July 16, 2015, 53 teachers affiliated with C High School filed a civil petition related to the Plaintiff’s intervention in school administration with the National Examination Board “D”, and the Defendant conducted an investigation related to the above civil petition from August 24, 2015 to August 28, 2015.

C. On October 19, 2015, the Defendant notified the Plaintiff of the audit result that the Plaintiff would demand cancellation of approval of taking office on the ground that the Plaintiff participated in the school administration of C High School and infringed the principal’s authority. On this matter, the Plaintiff filed an application for reexamination, but the Defendant dismissed the said application on January 14, 2016.

On July 12, 2016, the Defendant, who was the president of the B, infringed the principal’s authority by participating in the school administration of C High School as follows, and led the situation where it is difficult to expect normal schoolization by taking office to the principal of C High School in the situation where internal conflicts, such as the occurrence of conflicts with teachers, etc., led the situation where it is difficult to expect normal schoolization by taking office with the principal of C High School, and revoked the approval of taking office of the Plaintiff (hereinafter “instant disposition”).

① From December 1, 2013 to August 2015, 2015, the president’s principal’s right to personnel management infringement of the principal of the school did not specify the grounds (it does not confirm specific grounds through official documents) and frequently replaced the teachers holding positions during the school term to cause confusion in the operation of the school, and finally approved the appointment and dismissal of the teachers holding positions in the issuance ledger of Chigh School and seriously infringed on the principal’s right to personnel management by seriously approving the appointment and dismissal of the teachers holding positions in the issuance ledger of C High School. ② The principal’s right to personnel management infringement of the principal’s right to guide and

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