Whether matters concerning the representative authority of the chief director of a school juristic person are registered or not.

Article 8 (1) 9 of the Private School Act and Article 8 (2) of the same Act (registration concerning the restriction on representative authority) shall not apply to a school juristic person to which the Private School Act applies, as prescribed by the articles of incorporation, only the chief executive officer elected from among the directors may represent the school juristic person. Since there is no representative authority or enforcement authority, Article 8 (1) 9 of the Private School Act

Article 19 of the Private School Act, Article 8 of the Private School Act

Plaintiff 1 and 11 others

A school foundation or a prestigious school.

Seoul High Court Decision 65Na2628 delivered on May 18, 1967, Seoul High Court Decision 65Na2628 delivered on May 18, 1967

We reverse the original judgment.

This case is remanded to the Seoul High Court.

We examine the Defendant’s Defendant’s ground of appeal.

According to Article 20 (1) and (2) of the Private School Act, executives shall be appointed at the board of directors as prescribed by the articles of association, and the executives shall be appointed with the approval of the supervisory authority. According to Article 14 of the Private School Act, "school juristic person shall have not less than five but not more than 15 directors, and one of its directors shall become the chief director in accordance with the articles of association." According to Article 19 of the same Act, "the chief director shall represent school juristic persons, perform duties provided for in this Act and the articles of association, and supervise other affairs inside the school juristic person. If the chief director becomes vacant or is unable to perform his duties due to an accident, he shall act on behalf of the chief director, by mutual vote of the board of directors. The directors shall attend the board of directors, deliberate on the affairs of school juristic persons, decide on the matters concerning the affairs of the

As above, a school juristic person subject to the Private School Act, unlike a common foundation subject to the Civil Act, must elect one president from among its directors in accordance with the articles of incorporation. The president shall represent the school juristic person as well as the school juristic person. The directors shall not have authority to represent the school juristic person or to exercise overall control over the affairs of the school juristic person within the school juristic person. However, the directors shall attend the board of directors to examine and decide matters concerning the affairs of the school juristic person, and shall deal with such matters within the scope of delegation from the board of directors or the chairperson. If the chief director is vacant or is unable to perform his duties due to an accident, the directors shall naturally not have the power of representation, and if the articles of incorporation do not stipulate in the articles of incorporation, the directors shall be elected from among the directors by the board of directors to perform the duties of the chief director. Thus, as mentioned above, unless the articles of incorporation stipulate that the chief director of the school juristic person shall represent the school juristic person or the school juristic person as a matter of course, the directors shall not have the authority to represent the chief juristic person as stated in Article 98 of the Private School Act.

According to the article 14 of the articles of incorporation of the defendant corporation as witness No. 27 (less there is no seal), the director of the defendant corporation shall be elected by the board of directors and take office with the approval of the supervisory authority. According to Article 16, the chief director shall be elected by and with the approval of the supervisory authority. According to Article 18, the chief director shall take office with the approval of the supervisory authority. In the event of an accident to the chief director, the chief director designated by the

According to the defendant's meeting minutes of the defendant's board of directors (with no seal) that the director appointed by the board of directors held the board of directors on June 4, 196 to elect the non-party acting for the chief director as an acting for the chief director. According to the defendant's meeting minutes of the defendant's board of directors (with no seal) that the defendant held the board of directors on June 8, 196 and decided to appoint the non-party acting for the chief director as an acting for the chief director. The defendant held the board of directors on June 8, 1966 and decided to appoint the non-party acting for the chief director as an acting for the chief director, and the non-party elected as an acting for the chief director as an acting for the chief director as an acting for the chief director as a legal representative and the non-party appointed as the attorney-at-law who was appointed as the same legal representative on August 28, 196

If so, if the non-party, who is a director's agent, is elected as the chief director's representative, as seen above, the chief director represents the defendant who is a school juristic person (the representative of the chief director) and is not registered, so regardless of whether the representative's representative is registered or not, the non-party acting for the chief director can delegate matters concerning the lawsuit on behalf of the defendant juristic person as a matter of course to the attorney-at-law. However, even if the court below is appointed as the chief director's representative, the application for the designation of the term of office submitted by the non-party acting for the chief director's representative who is not registered as the chief director's representative is unfair. Thus, the court below's decision that the application for the designation of the term of office submitted by the non-party acting for the chief director's representative who is delegated

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge) Ma-dong and Kim Dong-dong and Kimchi-baking, red scarbing scarbing, scarbing, scarbing, Scarbing