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(영문) 서울행정법원 2019.05.02 2018구합53313
정이사선임 거부처분 취소소송
Text

1. The Defendant’s rejection disposition against the Plaintiff on November 24, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On February 14, 200, the Plaintiff was indicted on charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on the ground that the Plaintiff embezzled the Plaintiff’s school expenses on December 20, 2012, the Plaintiff was an educational foundation established on February 14, 200, and the Plaintiff established and operated B University. (ii) Nonparty C, including the Plaintiff, and Nonparty C, who actually operated 8 private schools established and operated the said universities, was indicted on charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). On October 29, 2015, Gwangju High Court convicted the Plaintiff of the total amount of KRW 1,58,110,00 of the faculty expenses of B University from January 1, 207 to August 31, 2012, sentenced to imprisonment for 9 billion won and fine for 9 billion won [the date on which 2013, 2015No25471, 2015).

(3) Upon the amendment and enforcement of the Government Organization Act by Act No. 11690 on March 23, 2013, by the Minister of Education, Science and Technology (hereinafter “relevant criminal case”), Defendant succeeded to human resources development policies, school education, lifelong education, and academic affairs among the duties of the previous Minister of Education, Science and Technology (Article 3 of the Addenda of the same Act), the former Higher Education Act prior to the amendment, and the Private School Act (Article 4 and Article 6 of the Addenda of the same Act) and the actions taken by the Minister of Education, Science and Technology, and the Minister of Education, Science and Technology against Defendant were regarded as an act of Defendant or against Defendant (Article 4 and Article 6 of the Addenda of the same Act); hereinafter “Defendant” or “Defendant,” regardless of whether before or after the amendment of the Government Organization Act. On January 23, 2013

After its implementation on March 14, 2013, pursuant to Article 60 of the Higher Education Act, order the disposition of status, financial measures, administrative measures, etc. (hereinafter referred to as “disposition of audit results of this case”) with respect to the matters pointed out in the total of 10 items and the disposition of audit results of this case.

No later than May 15, 2013, an implementation report.

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