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(영문) 서울행정법원 2016.09.29 2015구합75077
입학정원감축처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff is a school juristic person that establishes and operates B University (hereinafter “instant University”).

From September 26, 2011 to October 7, 201 of the same year, the Defendant issued an audit of the accounting part of the pertinent university (hereinafter “instant audit”) to order the Plaintiff and the instant university to take measures regarding its status and administrative measures until February 9, 2012.

On August 26, 2014, the Defendant issued a disposition to reduce the admission quota by 5% for the year 2015 to the Plaintiff on the ground that “the Plaintiff did not take two administrative and financial measures among the matters pointed out according to the instant audit results as follows.”

The '2015' also reduces the admission quota.

(2) According to the relevant laws and regulations, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the reduction of the fixed number of admission in the year 2015 (Seoul High Court Decision 2014Nu57074) and rendered a favorable judgment on January 22, 2015 (Seoul High Court Decision 2014Nu57074). Thus, the lower court’s decision was revoked on June 25, 2015 (Seoul High Court Decision 201Nu57575, Nov. 25, 2015) and the lower court’s decision was revoked on May 2015 (Seoul High Court Decision 2015No. 20555, Nov. 25, 2015).

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