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(영문) 서울고등법원 2018.01.31 2017누50982
임원취임승인신청 거부처분 취소 청구의 소
Text

1. Revocation of the first instance judgment.

2. Approval of taking office of a school juristic person A on October 6, 2016.

Reasons

Details of the disposition

The reasoning of this Court concerning this part is as follows: 3.A. of the first instance judgment.

In addition to adding a part of the judgment of the court of first instance to “AE”, the “minimum disposition of approval of taking office by the defendant” under Paragraph 2 of Article 8 of the Administrative Litigation Act and Article 420 of the Civil Procedure Act shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The following shall be added at the end of "paragraph 3" in the fourth part of the judgment of the first instance:

The specific contents of “the cancellation of approval for taking office” and “the cancellation of approval for taking office” attached thereto are as follows.

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

2. It is confirmed that the result of self-audit conducted by the Korean Office of Education on a school juristic person A (N: N,O) has caused a serious trouble in operating the juristic person and operating the school by violating the Private School Act and relevant Acts and subordinate statutes;

3. In accordance with Article 20-2 of the Private School Act, the approval of taking office of a school juristic person A for the 11 executive officer (the chief director P, Q, directors R, directors S, directors S, directors AE, U, U, directors 5, directors W, directors X, auditors, audit and inspection Y, and audit Z) shall be omitted. The approval of taking office of the school juristic person A for the office shall be revoked in accordance with Article 20-2 of the Private School Act of the school juristic person A.

Subject to and reasons for cancellation: [Attachment 1] [Attachment 2] [Attachment 1] [Attachment 1] The grounds for cancellation of approval of taking office: Name of director of school foundation A: P term of office: From December 09, 2014 to December 08, 2018, pursuant to Articles 18, 18-2, and 20 of the Private School Act and Articles 27 and 28 of the A articles of incorporation of school foundation.

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