logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.06.02 2015구합75343
임원취임승인 거부처분취소청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a school foundation that establishes and operates B University.

The plaintiff has a chief director, seven directors who are not the chief director, and two auditors as officers.

B. The Minister of Education, Science and Technology [the Defendant succeeded to the human resources development policies, school education, lifelong education, and academic affairs among the administrative affairs under the jurisdiction of the Minister of Education, Science and Technology pursuant to Article 29(1) of the Government Organization Act and Article 3 of the Addenda of the wholly amended Government Organization Act (wholly amended on March 23, 2013; hereinafter “Defendant”)] conducted a specific audit on the Plaintiff and B University from January 7, 2013 to December 25,

As a result, the Defendant pointed out that 20 erroneous matters have occurred, such as the Plaintiff and B University’s embezzlement and illegal use of school expenses accounting funds, “the holding of a board of directors falsely,” “the improper management of basic property”, and “the use of compensation for basic property”, and issued an audit disposition demanding the Plaintiff to correct the error.

C. On June 19, 2013, the Defendant issued a warning to the Plaintiff stating that “Inasmuch as the matters requiring correction are not implemented, the implementation shall be completed by July 18, 2013 and the result thereof shall be reported,” and that “in the event that the implementation is not completed by the deadline, the implementation is scheduled to proceed with the procedure for cancelling the approval of taking office pursuant to Article 20-2 of the Private School Act.”

On October 1, 2013, the Defendant issued a notice to the Plaintiff on October 1, 2013 that “a prior procedure to revoke the Plaintiff’s approval of taking office to 13 incumbent executives, which was held on October 16, 2013 pursuant to Article 20-2(2) of the Private School Act,” and that the Plaintiff’s incumbent executives, as of November 11, 2013, was revoked the Plaintiff’s approval of taking office pursuant to Article 20-2 of the Private School Act (hereinafter “prior revocation disposition”). D, non-president D, non-president D, E, F, G, H, I, and J (hereinafter “D et al.”) and auditor K, three former executives, etc.

C.

arrow