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(영문) 수원지방법원 2017.04.13 2016구합69247 (5)
임원취임승인신청 거부처분 취소 청구의 소
Text

1. On October 28, 2016, the Defendant’s refusal to approve Plaintiff B’s taking office against Plaintiff School Foundation A.

Reasons

1. Details of the disposition;

A. On November 16, 201, the directors of the Plaintiff Educational Foundation A (hereinafter “Plaintiff Educational Foundation”) prepared a false meeting of the board of directors to the effect that the board of directors (including Plaintiff B) resolved to appoint the said four directors as directors while the board of directors attended the meeting of the board of directors to appoint four directors, without any resolution to appoint them.

B. Around that time, the Plaintiff foundation filed an application with the Defendant to approve the appointment of directors of the Plaintiff B, etc. accompanied by the above minutes, etc., and obtained the approval, and the Plaintiff B was appointed as a director on December 7, 201.

C. Around 2016, the Defendant did not actually hold a board of directors from the Plaintiff corporation to 2015, while proceeding with the audit of the Plaintiff corporation, and discovered that the Plaintiff’s employees did not individually visit the board of directors and received signatures from the board of directors.

On June 20, 2016, the defendant issued a corrective order against the plaintiff corporation in accordance with the above audit results, and on September 26, 2016, the defendant notified the plaintiff corporation that the approval of taking office would be cancelled to the chief director, eight directors including the plaintiff B, and two auditors as follows (hereinafter referred to as "the cancellation notification of this case"), and the plaintiffs did not object to this.

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

2. It is confirmed that the result of self-audit by the Office of Education of Korea on the school juristic person C (Maintenance: D, E) has caused a serious trouble to the operation of the juristic person and the operation concerned by violating the Private School Act and relevant Acts and subordinate statutes, such as not holding of a board of directors, preparation of minutes of a board of directors, false preparation of meeting minutes

3. Omission of the approval for taking office of a school juristic person C pursuant to Article 20-2 of the Private School Act (the chairman F, G, directors H, directors I, directors B, directors B, directors J, directors K, directors L, directors M, N, and auditors) shall be cancelled if such approval for taking office is attached thereto.

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