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(영문) 서울중앙지방법원 2014.08.22 2013가합64262
손해배상(기)
Text

1. Defendant AR: (a) from September 10, 2013 to August 22, 2014, with respect to each of the above amounts of KRW 1,00,000 and each of the above amounts to the Plaintiffs.

Reasons

1. Basic facts

A. From 2006 to 2011, AS university operated by Defendant AR (hereinafter “Defendant AR”) introduced the following to the effect: (i) from the 20106, AS university provided public relations to residents or employees in long distance including the Seoul metropolitan area, that it is possible to obtain a degree or a certificate of class 2 social workers, etc. while participating in class 2 of AS university; and (ii) provided public relations to recruit new students by obtaining a degree or a certificate of class 2 of social workers, etc.; and (iii) graduated from the original dynam book for new students in 2010.

The plaintiffs entered the AS University Child Welfare Department on March 2, 2010 and graduated from February 24, 2012.

Article 21(2) of the Higher Education Act and Articles 11 and 14 of the Enforcement Decree of the same Act provide that various schools, such as universities and colleges conducting higher education, shall operate curriculum as prescribed by school regulations, and shall conduct curriculum for at least 30 weeks per school year, and shall complete curriculum for at least 15 hours per credit in order to complete the curriculum.

AS University operated a weekend class for seven hours a day (7 days of total number of school days per semester, 49 hours) or two day (150 hours of total school hours per semester) or three days (225 hours per semester) per week (225 hours of total school hours per semester) or a night class for three hours per semester. Even if students do not attend school and take lessons at least 300 hours per semester (20 hours of total school hours per semester) or more per semester, it granted credits by means of false preparation of a false attendance book, and even if students do not meet the credits for acquiring the degree, the AS University granted degrees.

(hereinafter referred to as “unfair granting of credits and degrees”). (b)

(1) On January 20, 2012, the Minister of Education (former Minister of Education, Science and Technology)’s order to take measures for school closure, etc.: (i) the Minister of Education grants the above credits and degrees to the Defendant AR on January 20, 2012, on the ground that the said credits and degrees are wrongfully granted.

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