2008 Gohap89 Invalidity of Resolution of Board of Directors

208Gahap1921 (Consolidation) Invalidity of Resolution of the Board of Directors

1. Lighting (Article 10)

Seoul Nowon-gu

2. △△ (Article 2)

Yongsan-gu Seoul Metropolitan Government

3. Doo (hereinafter referred to as "Doo").

Seoul Gwangjin-gu

4. Dominium (hereinafter referred to as "Dominium").

Seoul Nowon-gu

Plaintiffs, Kim & Lee LLC, Counsel for defendant-appellant

[Defendant-Appellant]

△△ Private Teaching Institutes

Seoul Nowon-gu

Representative President senior ○○

Law Firm Kim & Lee, et al., Counsel for the defendant-appellant

Attorney Kim Jong-young

June 26, 2008

September 11, 2008

1. The lawsuit of this case by the plaintiff Cho ○-○ is dismissed.

2. The claims of Plaintiffs △△, ○○, and △○ are dismissed, respectively.

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

The defendant's second 5 February 2008 No. 1 confirmed that the resolution of the board of directors stated in the resolution is null and void.

1. Basic facts

The following facts do not conflict between the parties or between Gap, Gap evidence 1 to 34, Eul 2 to 8:

The evidence (including each number) may be recognized by taking into account each description and the whole purport of the pleading.

A. The Defendant’s private teaching institute is a ○○○○ Private Teaching Institute established by the deceased △△△△ on October 1934, as a training school in around 1934.

On April 23, 1965, as a school juristic person established with the permission of incorporation from the Minister of literature delivery, the present △△△.

Universities, △△ Electronic Industry High Schools, △△△ Middle Schools, ○ Middle Schools, △△ Elementary Schools, and △△ Kindergartens.

is operating.

B. 1) Plaintiff 1, 2, and 3, and Defendant 2, from around October 1982 to February 1, 1988, to the south of the △△△△△△.

The first president of △ University was appointed from March 3, 1988 to March 1993; and

From December 2, 1992 to May 24, 1993 (registration of dismissal on June 18, 1993) the director of the Defendant’s private teaching institute was sent.

In addition, Plaintiff 2) △△△△△△△△△△△△△△△△, from October 7, 1989 to February 28, 2007, with the network △△△△△△△△△△△△△.

From March 27, 1991 (registration of April 1, 1991) to the Superintendent of the Electronic Industrial High School (registration of April 1, 1991).

By May 24, 1993 (Registration of Dismissal, June 18, 1993) and through August 30, 1994 (Registration of Appointment, September 8, 1994)

By December 11, 1996 (registration of dismissal on April 11, 1997), the director of the defendant's private teaching institute was sent to the plaintiff (3).

○ The educational person from March 22, 1995 to Plaintiff ○○, while the educational person from August 5, 1993 to February 14, 1997, respectively, from August 5, 1993 to February 14, 1997

Original Register (amended by Act No. 8852 of February 29, 2008, the Government Organization Act was amended by Act No. 8852, the Ministry of Education, Science and Technology shall be changed.

was referred to as the "Ministry of Education" (hereinafter referred to as the "Ministry of Education") by the Minister, as follows, to the defendant's institute under the Private School Act:

Until temporary directors are dispatched, each of them was employed as directors of the defendant's driving school.

C. 1) Defendant Private Teaching Institutes (hereinafter “Defendant Private Teaching Institutes”) on the ground of the illegal act of entering △△ University in 1993, including Plaintiff Cho ○○.

There is a dispute over securing management rights, such as conflict of opinions on the operation between the descendants of the network △△△△;

Until January 20, 1997, regardless of involvement in the Ministry of Education, such as “the normal operation of a corporation,” etc., it shall be avoided by January 20, 1997

The term of office of four directors among seven directors of the defendant's driving school has expired because it was impossible to appoint a successor to a senior corporation.

The operation of a private teaching institute was caused by the failure to hold a meeting of the board of directors, etc., and the head of the Ministry of Education;

on February 14, 1997, the officer dismissed ex officio the rest of the director of the defendant's driving school and appoints a provisional director.

On June 2000, losses of corporate assets have been incurred due to the occurrence of the embezzlement of public funds of the Defendant Institute.

The following was also made.

2) Among the temporary directors appointed by the Ministry of Education, ○○, and Gab○○○, October 24, 2006. Term of two years:

After a temporary director was appointed on December 14, 2006, he/she was reappointed on December 14, 2006, and Gangnam ○ was appointed as temporary director on February 9, 2004.

After being reappointed, February 9, 2006 was reappointed, and on February 5, 2008, it was registered as temporary director of the defendant's driving school as of February 5, 2008.

A person with strong ○○, ○○, Gab○, Gab○, Gab○, ○○, and Gab○○.

D. Meanwhile, the Ministry of Education has operational status from October 24, 2005 to November 13 of the same year.

After the investigation, April 12, 2006, as the ground for the appointment of a provisional director against the defendant's driving school has ceased to exist, 2006.

In this regard, it is notified that the cooperation on the normalization of private teaching institutes is requested.

E. 1) The board of directors of the Defendant Driving Schools, following discussions on the plan for the normalization of the corporation, shall be August 2007.

16. The defendant's driving school of the contributor with financial support for the development of the defendant's driving school;

The basic principles to promote the normalization plan through participation under this Decree shall be established, and the contributors of finance;

A member of the Defendant’s Institute shall be selected to negotiate with a priority negotiation subject after the public invitation of the member, and the chairperson of the Defendant’s Institute

The head shall be the director, the president of △△ University, the principal of the △ Electronic Industry High School, and the overall Dong of △ University.

It is necessary to organize a corporate normalization promotion committee comprised of the chairperson, etc. and review the plan for normalization of the defendant's driving school.

this paper aims to ensure that it is reasonable to do so.

2) The board of directors of the Defendant Private Teaching Institutes (the board of directors of the Defendant Private Teaching Institutes) on August 20, 2007, through competitive newspapers, etc.

Along with the invitation of the original operation participants, ○○○, ○○ Group, ○○ Educational Materials, an incorporated foundation, according to the above invitation.

Provided, That the proposal to participate in the operation was submitted to the Defendant Private Teaching Institute, and the Defendant from the Corporation Normalization Promotion Committee

In the process, △△△△△ was discussed after reporting the results of the meeting on the measures for normalization of the △△.

It sought opinions on the normalization plan from the former directors, such as bereaved family members, ○○, ○○○, and ○○○.

3) The main contents of the resolution of the corporate normalization promotion committee are as follows.

A person shall be appointed.

A person shall be appointed.

(f) ○○ Group among persons who invite to participate in the operation, shall be campus metropolitanization, human resource capacity, educational capacity, and industrial-academic cooperation;

The management plan and financial contribution plan for the strengthening of the Dong, etc. have been submitted; and

The main contents of the agreement entered into with the high school shall be as specified in attached Form 2. The agreement.

G. Meanwhile, the board of directors held on February 5, 2008 held on February 5, 2008, 6 of the board of directors (the ○○, ○○, ○, Gab○, Gab○)

○, ○○○, ○○, ○○○, ○○○○), with the attendance of 5 directors other than ○○○, and the Defendant’s Institute.

Matters concerning the participation in the operation of the defendant's driving school established with ○○ after deliberation on the plan for normalization;

An agreement shall be approved and recommended by the ○○○○○ and three others (OO, ○, ○○, ○○, ○○, ○○, and residents).

O) A recommendation to the Ministry of Education as a full-time director, and the Defendant Private Teaching Institutes normalization promotion system containing the above contents.

by the Board of Education (hereinafter referred to as the "Resolution of the Board of Directors of this case") that approves the catch (not known) and is subject to the Ministry of Education.

The implementation plan for the normalization of the high school was reported.

2. Relevant statutes;

○ The former Private School Act (amended by Act No. 8545, Jul. 27, 2007; hereinafter the same shall apply)

To distinguish from the Private School Act, "the Private School Act of this case" is abbreviationd.

Article 24-2 (Establishment and Functions of Private School Dispute Mediation Committee)

(1) Appointments of temporary directors under Article 25, dismissals of temporary directors under Article 25-2 and follow Article 25-3.

An educator to deliberate on important matters concerning normalization, etc. of a school foundation for which a temporary director has been appointed;

The Private School Dispute Mediation Committee (hereinafter referred to as the "Mediation Committee") shall be established under the jurisdiction of the Minister of National Resources (Minister 2).

(2) The Mediation Committee shall deliberate on the following matters:

1. Matters concerning selection and appointment of temporary directors;

2. Matters concerning dismissal of temporary directors;

3. Matters concerning the promotion of normalization of school juristic persons in which temporary directors are appointed (hereinafter referred to as "conscution").

(3) The Mediation Committee shall immediately notify the competent authorities of the results of deliberation on the matters under subparagraphs of paragraph (2).

(c)

(4) The competent authorities shall comply with the results of deliberation under paragraph (3): Provided, That any objection is raised as a result of deliberation.

A request for review may be made to the Mediation Committee, and the result of the review shall be accepted by the Mediation Committee.

Article 25 (Appointment of Temporary Director)

(1) In cases falling under any of the following subparagraphs, the competent agency shall request an interested party or ex officio:

Ad hoc director shall be appointed after deliberation by the Mediation Committee.

1. It is deemed that the normal operation of the school juristic person is difficult because the school juristic person fails to fill the vacancy of directors;

at the time of the

(2) Provisional directors shall make efforts so that any cause referred to in paragraph (1) may be removed as soon as possible.

of this section.

(3) Temporary directors shall hold office until a cause referred to in paragraph (1) is removed, and the terms of office of temporary directors shall be appointed.

(z) shall not exceed 3 years.

Article 25-3 (Standingization of School Foundations Appointed as Temporary Directors)

(1) Notwithstanding Article 20, the grounds for appointing temporary directors appointed under Article 25 cease to exist.

When it is recognized, temporary directors shall be dismissed without delay after deliberation by the Mediation Committee and directors shall be appointed.

section 22.

(2) A school foundation for which temporary directors have been appointed shall report the results of normalization promotion to the Mediation Committee at least once a year.

section 22.

(3) The Mediation Committee shall evaluate the outcomes of implementation under paragraph (2) and dismiss and normalize the temporary directors of the relevant school foundation.

(1) notify the competent authorities of the matters concerning the division.

Addenda (No. 8545, July 27, 2007)

Article 4 (Transitional Measures with Respect to Provisional Directors)

Provisional directors appointed under the preceding Article 25 as at the time this Act enters into force shall be deemed appointed under this Act.

Article 5 (Transition Measures concerning Term of Provisional Director)

The terms of office of temporary directors appointed after July 1, 2006 as temporary directors who hold office at the time this Act enters into force.

By June 30, 2008.

○ The former Private School Act (amended by Act No. 7802, Dec. 29, 2005; Act No. 7802, Jul. 1, 2006; hereafter the same shall apply)

“The Private School Act amended in 2005 is referred to as “the Private School Act”).

Article 25 (Appointment of Temporary Director)

(3) Provisional directors shall hold office until a cause referred to in paragraph (1) is removed.

Article 25-3 (Standingization of School Juristic Person for which Temporary Director is Appointed)

(1) Notwithstanding Article 20, the competent authorities shall reason for appointing temporary directors appointed pursuant to Article 25.

Where it is deemed that a resolution has been made, temporary directors shall be dismissed and directors shall be appointed without delay.

(2) The appointment of directors under paragraph (1) shall be a person who contributes considerable property or contributes to the development of the school.

The competent authority shall be appointed after hearing the opinions of the school steering committee or university deliberation committee.

(3) Where directors are selected and appointed pursuant to paragraph (2), at least 1/3 of directors shall be elementary and secondary schools, the school transport.

The Yeongdeungpo Committee shall be appointed as a person recommended by the university council, and a university shall be appointed by the university council.

(4) In cases of a school foundation which establishes and operates at least two schools, the recommendation of directors under paragraph (3) shall be made.

14 (4) 4) The provisions of Article 14 shall apply mutatis mutandis.

○ The former Private School Act (amended by Act No. 7802, Dec. 29, 2005; hereinafter referred to as the “former Private School Act”) No. 1999, supra.

Private School Act (hereinafter referred to as “Private School Act”);

Article 25 (Appointment of Temporary Director)

(3) Provisional directors shall hold office until a cause referred to in paragraph (1) is removed. In such cases, such cause shall continue for a long time.

Even in the case of the appointment, the term of office shall be two years, and it may be renewed only once.

3. Determination on the defense prior to the merits

A. The assertion of the Defendant Institute

- Resolution of the board of directors of this case made by the temporary directors of the Defendant Institute appointed under the Private School Act

With respect to the plaintiffs' lawsuit of this case seeking confirmation of invalidity, the plaintiffs had already passed a resolution of the board of directors

on the ground that there is no legal interest in seeking confirmation of invalidity, as long as he/she is retired from office;

defense.

B. Determination

1) The constitutional freedom of private school, recognized as a school juristic person, is in the relationship of appointment in sequence.

in this respect, it is substantially realized by directors that may be considered on the consolidated line.

J. (the so-called ‘definiteity of the purpose of the establishment'), among those, the previous directors are the independence and identity of the school juristic person normally.

The duty to secure is the person most adjacent to the duty to ensure (Supreme Court Decision 17 May 2007).

See Supreme Court en banc Decision 2006Da19054 Decided 2006Da19054 Decided the school juristic person’s independence and identity as such.

In accordance with the Private School Act, the previous director who is in a position to change is the Ministry of Education under the Private School Act.

The appointment of temporary directors is dismissed because there is an officer team composed of only temporary directors appointed by the Minister;

(2) If any, to appoint a director appropriate for realizing the purpose of the establishment of the school juristic person or the school law;

Resolution of the board of directors of temporary directors on measures for normalization of persons shall be the purpose of the establishment of a school foundation; or

If the identity is modified, the person has a direct interest in the resolution.

The person will be regarded as the person.

2) However, in the action of confirmation, demand the benefit of confirmation as to legal matters or legal relations.

(1) the purpose of this section; the method of appointing a successor director of a school juristic person; the subject and entity of private school in the case of a previous director;

Purpose of a school juristic person, in the case of temporary directors, that is located nearest to the duties of securing identity.

temporary crisis management officer only if it is not possible to achieve or is likely to cause damage;

In full view of the facts, reasons and circumstances for appointment of temporary directors, provisional directors shall be subject to a strike by temporary directors.

There is no direct legal interest in all previous directors of the defendant's driving school.

c) the expiration of the term of office, etc., if a temporary director under the Private School Act was duly appointed before it is appointed.

It is reasonable to see that the retired director means only the immediately preceding director among the retired directors, and in the past, the former director;

State or founder, or his/her bereaved family member, or the head of an educational institution operated by the school foundation;

Only because they have been engaged in this Decree, they represent or temporarily represent the identity of school juristic persons.

It cannot be viewed that directors have legal interest in the resolution of the board of directors.

3) Accordingly, from this point of view, return to the instant case and return to the instant case, Plaintiff Cho Young-chul, Dol, Dok-○:

The director of the Defendant’s Institute before a provisional director of the Defendant’s Institute was appointed on February 14, 1997.

As seen earlier, the above plaintiffs are related to the resolution of the board of directors of this case.

on the other hand, the plaintiff Cho Jae-○ et al.

the first director of the U.S.A. by 1993, the U.S. has been employed as a director of the U.S.

It is difficult to see that the school juristic person is in a position to represent the independence and identity of the school juristic person.

The founder, as a bereaved family member of the deceased △△△△△△, shall be the president of the Defendant Institute and the president of the △△ University.

Even if the operation of the Defendant Institute has been involved, this is de facto interest in the resolution of the board of directors.

the board of directors of this case, and otherwise, the law seeking confirmation of invalidity of the board of directors resolution of this case

The lawsuit of this case filed by the plaintiff Cho Jae-○ on the ground that there is no evidence to prove that there is an interest in interest.

(2) is unlawful as there is no benefit to file a suit.

4. Determination on the procedural defect of the resolution of the board of directors of this case

A. Plaintiff △△, Do-○, and Do-○’s assertion

According to Article 32 of the Articles of Incorporation of the Defendant Institute, the fixed number of directors shall be seven persons, and the board of directors shall be the fixed number

In this case, the board of directors shall not be held unless the majority

Among the temporary directors of the defendant's driving school who participated in the resolution of society, the lecture ○○ among the temporary directors of the defendant's driving school who participated in the resolution of society is appointed on February 9, 2004 and February 2,

9. They were reappointed, and ○○, and Gab○ was reappointed on December 14, 2006, after they were appointed on October 27, 2004.

However, under the amended Private School Act of 2005, there was no ground for the reappointment of the above temporary directors;

According to Article 25 (3) of the Private School Act and Article 4 of the Addenda of the Private School Act, the term of office of temporary directors

No more than three years from the date of appointment, and the meaning of "the date of appointment" in the above provision shall be the first election.

Since the date of appointment means 'B', 3 years have passed since the above provisional directors were appointed.

qualifications as temporary directors due to the termination of each term of office under the Private School Act.

As such, the board of directors of the case was involved in the resolution of the board of directors of the case.

A resolution shall be made without any opening of the board of directors and any quorum, and null and void.

is the same.

B. Determination

1) As seen above, the term of office and officers of temporary directors under the amended Private School Act of 1999

(5) The term of office shall be two years and shall be renewed only once, but the term shall not be renewed in 2005.

In the Private School Act (Enforcement on July 1, 2006), the proviso on the reappointment of temporary directors was deleted.

F. The purport of the above amendment provisions and the amendment of the amended Private School Act of 2005 is provisional directors.

The head of the school juristic person until the cause of selection and appointment of temporary directors is resolved due to the prolonged normalization of appointed school juristic person.

In light of the fact that it can be seen that the restriction on reappointment was deleted for a period of time;

In this regard, the amended Private School Act was amended in 2005 only if the provisions of restriction on reappointment were deleted.

the appointment of a new temporary director at this rate and the appointment of a new temporary director in itself shall be more

Since it cannot be interpreted that it was impossible to do so, the amended Private School Act of 2005 was enforced.

Then, it cannot be said that the reappointment of the above temporary directors was made without legal basis.

2) In addition, from the date a provisional director is appointed under Article 25(3) of the Private School Act

The amendment shall not exceed three years, and the previous amendment shall be made at the time of the enforcement of the amendment under Articles 4 and 5 of the Addenda.

Ad hoc directors appointed under the Private School Act shall be deemed appointed under the Private School Act.

The term of office of temporary directors appointed after July 1, 2006 shall be until June 30, 2008.

F. Unless otherwise specifically provided, this contrary is the date of appointment under Article 25(3) of the Private School Act.

D. Exclusion from cases of performing his/her duties by referring only to “the first appointment date” or by reappointment.

ad hoc director who is reappointed pursuant to the previous Act before the amendment cannot be interpreted as limited; and

(1) If three years have elapsed, counting from the date on which the first temporary director was appointed;

The term of office shall not expire, and the contents of the above amended provisions and the Private School Act of this case

Article 25 (3) re-term of temporary directors in order to prevent the long-term abolition of the system of temporary directors.

In light of the fact that the amendment was made for the legislative limitation of B, the above amendment provision is amended.

for a long period of time until the grounds for the appointment of temporary directors cease to exist;

shall be limited by section 1, but for temporary directors already in office, the appointment and appointment shall be made by the Addenda.

Even if there is no separate appointment by the transitional provision on the term of office, it shall be governed by the Private School Act.

The appointment shall be made, but a provisional director who is in office at the time of the enforcement of the Private School Act shall be appointed.

(2) In the case of re-election, the appointment shall be made in consideration of the purpose of legislation that limits the term of the temporary director to three years.

It would be limited to June 30, 2008, up to two years from the date of enforcement of the law.

3) Accordingly, in light of the legislative history and purport of the Private School Act as seen above, the substitution of this case in this case

In light of the above, ○○ is under the Private School Act amended in 1999, February 9, 2006; ○○, and Gab○.

○ was legally reappointed on December 14, 2006 by the Private School Act amended in 2005; and

Under the Private School Act, he may hold office until February 8, 2008 or June 30, 2008 under the Private School Act.

Accordingly, the above provisional directors shall have the status as each temporary director at the time of the resolution of the board of directors in this case.

The term of office of the above temporary directors at the time of the resolution of the board of directors has already been terminated.

The above plaintiffs' assertion on this part is without merit to examine further.

(2).

5. Determination as to the assertion of renunciation of authority of a provisional director

A. Plaintiff △△, ○○, △○, and Defendant’s driving school’s assertion

The above plaintiffs in collusion with the operating participants in the inherent limitation in the status of the standing directors.

To select ○ as a priority negotiation subject for participation in the operation of a private teaching institute, and to participate in the operation between ○○ and

A resolution to approve an agreement on the establishment of a school juristic person shall be a substantial change in the purpose of establishment of the school juristic person.

The resolution of the board of directors of this case is invalid because it is beyond the authority of temporary directors.

As to the assertion, the Defendant Private Teaching Institute shall have a resolution of the board of directors of the instant case under the Private School Act.

The reason for appointing temporary directors is to report to the Ministry of Education the operational plan for normalization of school corporations.

The Private School Dispute Mediation Committee does not include only the resolution but also the board of directors of this case

The director of this case, regardless of the resolution, independently deliberate on whether the school juristic person is normalized.

It does not result in the transfer of the right to operate the school foundation and the change of the governance structure by the resolution of the council.

The author argues that it cannot be called a resolution beyond the authority of temporary directors.

(b) Authorities of provisional directors under the Private School Act; and

1) Basic rights of school juristic persons, legislative purpose of the Private School Act, temporary directors system under the Private School Act

In light of the purpose and purpose, the Minister of Education under Article 25 of the Private School Act

Ad hoc director appointed may not achieve the purpose of the school juristic person due to the vacancy of the director, or may

the risk management officer who is temporarily responsible for the operation thereof, if there is a concern about the occurrence of such

Due to the temporary nature of the above, there is an inherent limitation on its authority.

In this case, at least a fixed director at the time of substantial change in the purpose of the establishment or removal of the reasons for the appointment of temporary directors

Matters beyond the general operation of a school juristic person, such as appointment, shall be outside the authority of a temporary director.

D. (See Supreme Court en banc Decision 2006Da19054 delivered on May 17, 2007).

2) However, in the amended Private School Act of 1999, where the reasons for the appointment of a provisional director are terminated, the fixed period shall be determined.

Matters prescribed by the articles of incorporation as not expressly prescribed for the appointment of a company and school normalization;

the board of directors, including temporary directors, has been capable of appointing directors, but the amendment in 2005

Where the reason for appointment of temporary directors is terminated in the Private School Act, the Ministry of Education as the competent agency.

or the opinions of the contributors, etc. of school development shall be heard, and shall be appointed upon the recommendation of the university council;

In addition, in Articles 24-2 and 25-3 of the Private School Act, a school foundation for which a provisional director is appointed shall be appointed.

Whether the reason for appointing temporary directors of a school foundation for which temporary directors have been appointed in connection with normalization has been resolved and

In order to deliberate on matters such as measures to normalize schools, the Private School Dispute Mediation Committee shall be established, and provisional

A school foundation that has been appointed as a director shall have the results of promoting the normalization at least once a year, and the Private School Dispute Mediation Committee.

the Board of Education shall report to it, and in accordance with the results of the deliberation of the Committee, the dismissal of temporary directors in the Ministry of Education;

The appointment, etc. of regular directors shall be made, and Article 9-6 (3) of the Enforcement Decree of the Private School Act shall be a private director.

If deemed necessary for deliberation, the school dispute mediation committee shall appoint the relevant school juristic person or school.

School juristic persons by providing for the hearing of opinions from employees, other interested persons, etc.

If the person is an interested party, he/she may present his/her opinion in the process of deliberation by the Private School Dispute Mediation Committee.

is in record.

As above, the history of the Private School Act and the purpose of the amendment of each provision is that provisional directors are elected.

Disputes arising in the absence of special provisions on the normalization of a school juristic person

(1) be subject to deliberation by the private school dispute mediation committee with expertise and independence;

In the course of deliberation, the public nature and autonomy of private school by fully collecting the opinions of interested persons;

It is necessary to realize the constitutional value, etc. of people's right to education.

Therefore, as temporary directors, the reasons for the selection and appointment of temporary directors under the Private School Act, and the school juristic person

A corporation to which a temporary director has been dispatched, such as reporting the results of normalization, shall be converted into a regular director system.

There is an obligation to make efforts to do so.

C. The validity of the resolution of the board of directors of this case

1) Therefore, we examine whether the resolution of the board of directors of this case exceeded the authority of temporary directors.

The resolution of the board of directors of this case between Defendant Private Teaching Institutes and U.S. Research Institutes and U.S. (Financial Contributors) and △△ University

Defendant Private Teaching Institutes for reporting to the Ministry of Education based on the Convention on the Participation in the Operation of Defendant Private Teaching Institutes and the above Convention;

The Defendant, four persons appointed by the POO in accordance with the above Convention, who approved the plan for the normalization implementation;

The recommendation of a private teaching institute as a regular director is as shown above, and the above agreement is on the ○○ side.

Subject to the appointment of a majority of the seven directors of the Defendant Institute, 1,300

As a premise of contributing 00 million won to the Defendant’s Private Teaching Institute, the appointment of director for ○○’s representative.

The obligation to cooperate, the operation of the Defendant Institute until the appointment of a full-time director, and the implementation of the terms of the above agreement;

such details as the amendment of the articles of incorporation or the duty to compensate due to non-performance of such obligation to guarantee the

The regulations stipulate the freedom of private school establishment and operation, the autonomy of education, autonomy of school operation, and science.

The State's supervisory authority over school juristic persons shall also be guaranteed to be operated in compliance with the intention of the founder at the time of establishment.

to the extent required to be exercised, and any change in the operating authority and duties of a school foundation;

It is necessary to restrict the deterioration, etc. of the purpose of establishment and ideology due to the reason of establishment.

- The establishment and operation of private schools in the contents of the above agreement, which is the premise for the implementation plan of the normalization of the Defendant Institute.

The purpose of establishment and the change of ideology following the change, etc. of the operating authority of a school juristic person;

The status of temporary and temporary crisis management of temporary directors can not be excluded from elements such as efficacy, etc.

in the light of the foregoing, there shall also be parts that may have a significant impact on the operation of the school foundation in the future.

There is room to see that they were.

2) However, as seen above, unlike the amended Private School Act of 1999, the instant case is different from the Private School Act.

In the Private School Act, the Ministry of Education and the Private School shall have the authority to dismiss temporary directors and to appoint regular directors.

A dispute mediation committee shall be assigned to the dispute mediation committee and the status of temporary directors and temporary directors under the Private School Act.

In light of the obligations, temporary directors are the board of directors under the Private School Act.

of the defendant's driving school may not directly appoint directors through the resolution of the court, but shall be an interested party of the defendant's driving school.

Opinions on appointment of regular directors or normalization of school juristic persons following the cancellation of reasons for appointment of temporary directors;

the appointment of a provisional director, such as the defendant's institute, shall be deemed to be capable of recommending a regular director;

In the case of a school juristic person, a center for promoting the normalization of the school juristic person to the Private School Dispute Mediation Committee at least once a year.

the board of directors of this case shall report to the Board of Directors in accordance with the resolution of the board of directors of this case

Provisional directors in order to promote the normalization of school juristic persons and to report the promotion plan for such normal draft to the Ministry of Education.

corporation, and ultimately, a temporary establishment of the defendant's driving school

The purpose is to convert the director system to the regular director system, and the specific normalization room of the defendant's driving school.

the appointment of a temporary director and the progress thereof, and various circumstances, characteristics, etc. at the time of the defendant's driving school

The details of the promotion shall include only the resolution of the reasons for the appointment of temporary directors;

(2) The plan to normalize the Defendant’s school is not limited, and the plan to normalize the Defendant’s school is not limited.

It is based on the agreement with the U.S. P.O.S. P.C. and the foregoing guidance.

The board of directors needs to discuss the bills to report them to the Private School Dispute Mediation Committee, which shall be:

Appointment of a regular director recommended by a resolution of the board of directors of the case takes effect or the school

The normalization plan is not effective definitely, and it is temporary in the Private School Act of this case.

Provisions that, when a director is appointed, the opinion of the contributors of the property shall be heard;

(Article 25-3(2) of the Private School Act amended in 2005, but the purpose of the amendment is to finance.

The purpose of not allowing or restricting the normal school operation through the participation of the year’s school operation is not to permit or restrict;

On April 12, 2006, by the Ministry of Education, it is necessary to dismiss a provisional director, and the defendant's Institute of Education to resolve the reasons for the appointment of a provisional director.

The request for cooperation in the preparation of a plan for normalization of a private teaching institute is made, and the related persons of the private teaching institute are related thereto.

(2) The corporate normalization promotion committee consisting of the corporate normalization promotion committee shall complete a plan to normalize the defendant's school.

and the opinions of the interested parties of the school foundation as well as the bereaved families of the founders in the process.

Variously gathereds, and the provisional director system by a resolution of the board of directors of the Defendant Institute

be directly converted to the system of regular directors, or the defendant Institute shall be operated in a conclusive manner in accordance with the above agreement.

the Private School Act, such as the deliberation by the Private School Dispute Mediation Committee, does not include the procedures prescribed by the Private School Act.

The freedom of private school operation, the autonomy of education, etc. is established and consistent with the purpose and ideology of the establishment;

The Gu of the Private School Dispute Mediation Committee 5) that there is an institutional device to adjust operation;

In light of the nature, independence of organization, each provision of the Private School Act of this case and the purpose of legislation, etc.

The Dispute Mediation Committee and the Ministry of Education shall appoint regular directors according to the resolution of the board of directors of the defendant Institute.

or the appointment of a temporary director independently, not by determining a plan for normalization of the defendant's institute;

It shall deliberate on whether to resolve the reason and how to normalize the defendant's driving school, and it shall be temporary to the defendant's driving school.

The circumstances in which directors are appointed, the status of operation of the Defendant Institute during the period in which the temporary directors are appointed, and the above agreement;

In light of the process of formulating a plan for normalization of the Defendant Institute and the process of gathering opinions, etc.

The resolution of the board of directors alone brings about the transfer of the right to operate the school foundation and the change in the governance structure; and

Establishment of a school, freedom of operation, or due to a change in the operating authority and duties of a school juristic person;

The independence and autonomy of the defendant's teaching institute are infringed due to the deterioration of the purpose of establishment and ideology.

In full view of the fact that it is difficult to say that it was difficult to do so, the inherent limits or temporary limits of temporary directors’ authority

the nature of a manager and the contents of the above agreement that may affect the future operation, etc. of the school juristic person;

on the basis of the above agreement and the above agreement, even if taking into account the circumstances in which part is included;

Temporary appointment of a temporary director shall be made by the defendant's private teaching institute as a result of the approval of a plan for normalization;

Ad hoc director immediately recommending a director in order to convert from the system to the system of a static director;

that does not exceed the authority of the court, and there is no other evidence to acknowledge it.

(d) Sub-committee;

Therefore, under the premise that the resolution of the board of directors of this case constitutes an act exceeding the authority of temporary directors.

The above plaintiffs' assertion is without merit.

6. Conclusion

Therefore, the lawsuit of this case by the plaintiff Cho Jae-○ is unlawful and dismissed, and the plaintiff Cho Jae-tae is not entitled to appeal.

L/C. ○, ○○, and Gangnam○’s claims are dismissed for each reason. It is so decided as per Disposition by the assent of all participating Justices.

Judges Han-tae, Counsel for judge

Kim Gyeong-ray

Freeboard

1) A total of 11 persons were composed of strong ○○○ (the chief director), Ma○○ (director), Ma○○ (director), Ma○○ (director), Ma○○ (auditor), Lee ○○ (auditor), Lee ○ (president of △△), and Han ○○ (president of △△△), and one ○○.

(President of the East-gu Council), Jeong○○ (President of the △△△△) (President of the △△△△), Ma○○ (President of the △△ Council), Ma○○ (President of the Professor’s Council), Ma○ (Chairman of the Professor’s Council), Ma○ (Chairman of the Professor’s Labor Relations Council), and Gangwon○ (Assistant

It is a student president).

2) On February 29, 2008, the name of the Ministry of Education, Science and Technology was changed by Act No. 8888 of the Government Organization Act (amended by the Ministry of Education, Science and Technology).

3) On July 27, 2007, Article 25-3 (4) was deleted due to the amendment of the Private School Act.

4) In the case of a school juristic person which establishes and operates at least two schools under Article 14 (4), the school operating committee or university deliberation committee pursuant to paragraph (3).

When the Council recommends directors, it shall recommend directors in consultation with the school steering committee or the board of trustees of each school. (Article XIV(4) shall be made on 12, 2005.

29. The revised Private School Act was newly established, but the director's trends in the "Open Director Recommendation Committee" in the Private School Act amended on July 27, 2007.

"A new establishment, organization, and organization of the Private School Dispute Mediation Committee" to deliberate on the normalization of schools for which temporary directors have been appointed.

Article 25-3 of the Act on the Appointment, etc. of City Directors was fully amended.

5) Operational Rules of Private School Dispute Mediation Committee established by delegation under Article 9-8 of the Enforcement Decree of the Private School Act (the regulations of the Private School Dispute Mediation Committee on January 3, 2008)

In subparagraph 1, in order to check the results of the normalization promotion submitted by the school foundation in which temporary directors have been appointed, an actual inspection, such as the composition of the evaluation group, on-site investigation, etc

before the appointment of a provisional director (Article 14(1) and (3)), the circumstances

If it is necessary to deliberate on the plan foration or to appoint directors, the opinions of interested parties, such as property contributors and previous directors, or the school juristic person;

(Article 13) An on-site investigation may be conducted.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.