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(영문) 서울행정법원 2014.06.26 2013구합59620
모집 정지 처분취소
Text

1. The Defendant’s recruitment of the Plaintiff on August 26, 2013, and the year 2014 also suspended for 69.5% (2,085) of the fixed number of admission.

Reasons

1. Details of the disposition;

A. The Plaintiff’s educational foundation is a school foundation that establishes and operates lifelong educational establishments, provides education services, and provides real estate and facility leasing services to assist the Plaintiff’s establishment and management of A and its operation.

B. The Foundation B established and operated a cyber college-type lifelong educational establishment under the former Lifelong Education Act (amended by Act No. 8676 of Dec. 14, 2007). On July 31, 2008, the foundation requested the Defendant to permit the change of the organization of the foundation to the Plaintiff and to authorize the conversion of A to the cyber college under Article 2 subparag. 5 of the Higher Education Act. The Defendant did not approve all of the Plaintiff’s applications on the ground that the basic property for profit-making was not secured.

around June 30, 2009, B, a foundation, filed a motion again with the defendant, and the defendant approved the conversion of A into a cyber university under Article 2, subparagraph 5 of the Higher Education Act, while granting permission to change the organization of the foundation to the plaintiff.

However, the defendant approved the conversion as above, pursuant to Article 7 of the Regulations on the Establishment of Cyber Colleges, it shall secure basic property for profits equivalent to 50% of the annual operating earnings of the school accounting based on the relevant school year: Provided, That until 2012, Article 3 of the Addenda to the Regulations on the Establishment and Operation of Cyber Colleges may apply, and if it fails to implement the foregoing, it may revoke the approval or suspend the enrollment of reduced students and take administrative and financial measures, such as administrative and financial sanctions.

C. (1) On December 12, 2012, the Defendant requested the Plaintiff to secure fundamental property for profit pursuant to Article 7 of the Regulations on the Establishment of Cyber Colleges by the end of February 2013, and to submit a plan for securing basic property for profit by January 11, 2013.

Accordingly, on January 11, 2013, the Plaintiff is as follows.

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