1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The background of the disposition and the grounds for the court’s explanation on this part of the relevant statutes are as stated in the reasoning of the judgment of the first instance, except for the addition of the following statutory provisions to the relevant statutes, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the

The definitions of terms used in this Act shall be as follows:

2. The term "school juristic person" means a juristic person established pursuant to this Act to establish and operate only a private school;

(1) No person other than a school juristic person shall establish and operate a private school falling under any of the following subparagraphs:

(Sicker omitted)

1. Elementary schools, middle schools, high schools and special schools;

3. Industrial colleges, cyber colleges, junior colleges, and technical colleges Article 10 (Permission for Establishment) (2) The initial officers of school juristic persons shall be determined by the articles of association;

Article 16 (Functions of Board of Directors) (1) The board of directors shall deliberate and resolve on the following matters:

1. Matters concerning budget, settlement of accounts, borrowings, and acquisition, disposal and management of properties of the school juristic person;

2. Amendment of the articles of association;

3. Matters concerning merger and dissolution of the school juristic person;

4. Matters concerning appointment and dismissal of officers;

5. Matters concerning appointment of the head and teachers of a private school established by the school foundation;

6. Important matters on management of a private school established by a school foundation;

7. Matters concerning profit-making business;

8. Other matters under its competence pursuant to Acts and subordinate statutes or the articles of incorporation.

2. Determination on the legitimacy of the instant disposition

A. Article 1 of the Private School Act provides that “The purpose of the Private School Act is to ensure the sound development of private schools by securing their independence and promoting their public nature, in view of their special characteristics (Article 1).” (Article 1) declares the specificity, autonomy, and public nature of private schools; and (3) prevents a school foundation from establishing and operating certain private schools, such as universities and colleges (Article 3).