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All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1, 2, and 3
A. Article 54-3 of the Private School Act provides that, with regard to the restriction on appointment of the principal of a school, a person who is in the relationship between the chief director of a school juristic person and each of the following subparagraphs, i.e., spouse (title 1), lineal ascendants and descendants, and their spouses (title 2) (hereinafter “spouses, etc.”) cannot be appointed as the chief director of a school established and managed by the relevant school juristic person, and the proviso to paragraph (3) provides that the same shall not apply to a person who has obtained the consent of at least 2/3 of the fixed number of directors
The purpose of the legislation is to prevent the appointment of close relatives with the president of the school foundation and the principal of the school established and operated by the school foundation concerned to prevent the private school from being operated mainly by the president of the school foundation, thereby promoting transparency and soundness in school management. On the other hand, those who are in the relationship with the president and spouse of the school foundation also hold a path through which they can become the principal of the school with the approval of the competent agency to the extent that they do not harm the above purport, thereby relaxing the restriction on fundamental rights such as freedom of occupation or right to pursue happiness.
B. Considering the above form, content, and legislative intent of Article 54-3(3) of the Private School Act as well as the possibility of avoiding this provision by adjusting the appointment time of the chief director of the school foundation and the appointment time of the principal, this provision shall be deemed not only to be the qualification of the principal of the school, but also to be set forth in the qualification
Therefore, not only a person who has a relationship such as the chief director and spouse of a school juristic person is newly appointed as the principal, but also a person who is appointed as the principal of a school shall be appointed as the chief director after such appointment.