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(영문) 서울행정법원 2011.10.21 2010구합44085
이사선임처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. A school juristic person B (hereinafter “B”) is a juristic person that establishes and operates a school of C University, etc., and Plaintiff A is the president of C University.

In around 192, the Minister of Education, a telegraphic transfer of the defendant, was bound by the suspicion of illegal admission and the receipt of money and valuables related thereto by the MM, which occurred in the C University, which was long-termized, and was employed as a director B, the Minister of Education, a telegraphic transfer of the defendant, revoked the approval of the appointment of directors for all the directors (nine) on June 4, 1993 and appointed temporary directors.

B has continued to undergo difficulties in the normalization of school juristic persons, and has been operated by temporary directors.

B. Meanwhile, on April 29, 2010, the Private School Dispute Mediation Committee, under the Defendant’s jurisdiction, decided to allocate B’s right to recommend directors as “previous director: School member = 5: 2: 2.”

However, the previous directors could not recommend only four candidates for directors who appear appropriate to be appointed as directors in the judgment of the Private School Dispute Mediation Committee.

On August 9, 2010, the Private School Dispute Mediation Committee of Korea revised the above contents of the deliberation and decided to allocate the above recommendation rights on the premise of the allocation ratio. However, considering the situation of serious confrontations within B, it decided to review on the site response to the decision of the Private School Dispute Mediation Committee of Korea, to review the true meaning of university normalization, to take into account social sentiments or educational and moral issues, and to take into account the distribution ratio of the recommendation rights for directors: The former members of the school: the competent agency = 4:2: 2: the appointment of eight directors (D, E, N, F, G, H, I, and J) and to implement the phased normalization of appointment of one temporary director (K).

C. As N among the directors of the resolution of the Private School Dispute Mediation Committee to appoint, the Defendant refused to take office as directors, on August 30, 2010, appointed seven directors (D, E, F, G, H, I, and J) and one temporary director (K). On January 10, 2011, L was appointed as directors of B instead of N.

The above-mentioned directors and temporary directors.

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