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(영문) 서울고등법원 2015.04.14 2014누59780
임원취임승인취소처분취소
Text

1. Of the judgment of the first instance, the part against Plaintiff H is revoked, and the Defendant limited to Plaintiff H on June 27, 2013.

Reasons

1. The facts under the circumstances of the disposition do not conflict between the parties, or may be acknowledged by adding to the whole purport of the pleadings, the entries in Gap evidence Nos. 1 to 5, 8, and Eul evidence Nos. 1 and 2 (including each number).

M Educational foundation (hereinafter referred to as “M”) is a school foundation which establishes and operates the N University, and the Plaintiffs are currently or formerly persons who are or were the president, directors or auditors of M.

B. Pursuant to Article 29(1) of the former Government Organization Act (amended by Act No. 12114, Dec. 24, 2013) that took effect on March 23, 2013; and Article 3 of the Addenda, the Minister of Education, Science and Technology succeeded to the duties concerning human resources development policies, school education, lifelong education, and academic studies among his/her duties; hereinafter “Defendant” refers to “Defendant”) to the Defendant. From December 3, 2012 to December 21, 2012, the Minister of Education, Science and Technology comprehensively audited M&N universities through the relevant public official.

C. On January 18, 2013, the Defendant pointed out 13 items, such as embezzlement and illegal use of funds for school expenses, and the board of directors’ improper operation, and ordered the Defendant to report the result of measures taken by attaching relevant documentary evidence to the Defendant by March 19, 2013 (hereinafter “instant comprehensive audit disposition”), and the major matters among them are as follows.

Disposition of Intellectual Matters

1. According to Articles 16(1) and 19(3) and (4) of the Private School Act and Article 61 of the Civil Act, the board of directors shall deliberate and resolve on the budget, settlement of accounts, loans, and acquisition, disposal and management of property of a school juristic person, important matters concerning the management of a private school established by a school juristic person, etc., and the directors shall attend the board of directors to deliberate and decide on the matters concerning the affairs of the school juristic person, and shall perform their duties with the care of a good manager, and the auditor shall audit

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