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(영문) 서울행정법원 2015.01.09 2013구합54823
감사결과통보처분취소
Text

1. On March 14, 2013, the Defendant’s disposition of specific audit results against the Plaintiff on March 14, 201, indicated on the summary of Disposition 2 attached hereto 1.

Reasons

1. Details of the disposition;

A. The Plaintiff established and operated B University as a school juristic person established on February 3, 2000.

B. From January 7, 2013 to January 25, 2013, pursuant to the Audit Regulations of the Ministry of Education, Science and Technology, the Defendant performed a specific audit of the Plaintiff and the Plaintiff’s University B from January 7, 2013 to January 25, 2013, on March 14, 2013, and notified the Plaintiff of the result of the specific audit that: (a) on the ground of nine pointed out matters, such as an unfair application for approval of a plan to change the location (part transfer) for the Plaintiff; (b) administrative measures (one case of heavy disciplinary action; (c) financial measures (one case of correction); (d) financial measures (two cases of recovery of KRW 6,754,25,000) and submitted the implementation report by May 15, 2013; and (e) the part disputing the Plaintiff is as follows.

(1) On January 9, 2007, including: (a) on January 9, 2007, 2007 through May 4, 2012, 201, 34 times in total, including: (b) embezzlement of school expenses, embezzlement of funds for school expenses, and unlawful use (Article 1) establishment and operation of a corporate planning office at the D Hospital located in Nam-gu, Gwangju; and (c) payment of KRW 5 million to E’s borrowed account for false wage payment; (d) embezzlement of funds for school expenses and illegal use (Article 1) by embezzlement of funds for school expenses in B University expenses; and (e) submission of audit reports by the president, the president, the president, and the accounting staff, etc., were leaked to outside the president, etc.; and (e) payment of KRW 1,580,390,000 through false wage payment method using the borrowed account; and (e) the auditor is dismissed from office of 300,000,000 for illegal accounting and management.

2. According to Article 28(1) of the Private School Act, a school foundation intends to dispose of its basic property, for profit-making (deposits).

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