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(영문) 서울고등법원 2017.08.23 2015누34153
감사결과통보처분취소
Text

1. Of the judgment of the court of first instance, the part against the defendant among the judgment of the court of first instance is modified as follows.

Of the instant lawsuit, the Defendant on March 14, 2013.

Reasons

In the first instance court, the Plaintiff sought to revoke each part of the Defendant’s notice on the result of the specific audit on March 14, 2013, as indicated in the separate disposition summary table No. 1-B, 5, and 6-B as indicated in the separate disposition summary table, and the first instance court dismissed the remainder of the claim after cancelling each of the parts as indicated in the separate disposition summary table No. 2-B, 5, and 6-B.

Since only the defendant appealed against this part of the lost part, the subject of the judgment of this court is limited to the claim for revocation of the part 1-B, 5, 6-B as shown in the attached disposition summary No. 2, which is the part against the above defendant.

Details of the disposition

The Plaintiff established and operated B University as a school juristic person established on February 14, 2000.

From January 7, 2013 to January 18, 2013, pursuant to the Audit Regulations of the Ministry of Education, Science and Technology, the Defendant conducted a specific audit of the Plaintiff and the Plaintiff’s B University, and notified the Plaintiff of the following specific audit results: (a) on March 14, 2013, the Defendant took measures to status (two severe disciplinary actions, eight minor disciplinary measures, warning 13), administrative measures (one corrective measure), and financial measures (two cases for recovery of KRW 6,754,25,000) and submitted the implementation report by May 15, 2013; and (b) on March 14, 2013, the part falling under the scope of the judgment of the court as seen earlier falls under the following:

1. A corporation planning office is established and operated by C, which is a real founder of the embezzlement of funds for school expenses and illegal use (disposition 1) at the D Hospital located in Nam-gu in Gwangju-gu, and the audit and settlement of accounts is made by appropriating B university tuition funds of KRW 1,580,390,000 in a total of 74 times from January 9, 2007 to May 4, 2012 by means of paying false wages for the payment of false wages to the borrowed name account of KRW 5 million on January 9, 2007, such as where B university tuition funds of KRW 1,580,390,000 are embezzled for personal use and other expenses for the establishment of universities.

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