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(영문) 서울행정법원 2014.01.24 2013구합55345
임원취임승인취소처분취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff is the chief director of the school foundation Dental Institute (hereinafter referred to as “instant school foundation”) which operates B High School and C Middle School.

B. On July 22, 2011, the head of the administrative office E of the instant school juristic person receives 54,200,000 won in total from 19 times during the period from January 22, 2008 to December 29, 201 and receives 19,000 won from the Seoul Northern District Court to the effect that ① the construction business operator ordered G High School (the name before school name has been changed to B High School) to take part in the school office construction from the construction business operator F, or that the school facility construction will continue to take part in the future, and ② the Seoul Special Metropolitan City Council Council member was actually a member assistant, and the criminal judgment statement of the Seoul Special Metropolitan City Council member assistant is a clerical error.

From October 1, 2008 to July 3, 2009, an assistant officer was ordered to deliver KRW 22 million to H, and the said judgment became final and conclusive on October 1, 201 by dismissing the appeal of E on November 10, 201, by dismissing the construction cost of KRW 27 million in excess of, or processing, over three times in total, and paying it to F, and returning it to F. It was made a voluntary consumption and embezzlement in the course of business by delivering it to H.

C. Article 66(3) of the articles of incorporation of the instant school juristic person provides that general employees who were sentenced to the suspended sentence shall retire automatically. However, the instant school juristic person was sentenced to the suspended sentence in the first instance trial of the instant criminal case, and was authorized to amend the articles of incorporation on February 22, 201 after deletion of the above provisions of the said articles of incorporation from the Defendant, and was held by the Disciplinary Committee on the following day, and took measures to raise the salary reduction of 3 months and 15 months after the expiration of the suspended sentence.

The defendant shall file an objection from September 10, 2012.

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