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(영문) 서울행정법원 2013.01.11 2012구합3309
학교폐쇄및법인해산명령취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. School Foundation C (hereinafter “C”) is a school juristic person that establishes and operates a D University in Gangnam-gun, Gangnam-gun, and Plaintiff A is the chief director of C, and Plaintiff B is the persons who were directors of C.

B. From June 27, 2011 to July 15, 2011, the Defendant conducted a special audit on C and D universities: (i) improper management of school affairs (as a result, giving credits and degrees to disqualified persons); (ii) improper management of school affairs (as a result of excessive recruitment of part-time enrollees without considering the educational conditions of D universities, giving credits to unqualified persons); (iii) improper management of school affairs by part-time enrollees; (ii) embezzlement and embezzlement of school expenses, etc.; (iii) improper management of school expenses, etc. (as a result, F, who is the founder and the president of the former president, has embezzled KRW 6.5 billion from 2005 to de facto managing the company; or (ii) improper management of school expenses, such as improper management of school affairs, such as appointment of former and concurrent teachers and staff members without undergoing lawful procedures, or continuous appointment of the president as a staff member without undergoing legitimate procedures, and (iii) improper management of school affairs, such as improper management of school affairs for 2016 and audit.

C. On August 1, 2011, the Defendant issued a disciplinary measure against C’s president, former president, and faculty members, etc. to be responsible for the pertinent establishment by September 30, 2011 (hereinafter “instant corrective order”), and notified C of the result of a special audit (hereinafter “instant corrective order”) to the effect that the Defendant’s cancellation of employment contract with qualified professors holding concurrent positions and cancellation of grade and degree for students and graduates, etc. (administrative measures), and collected KRW 7,239,594,000 in total, and received KRW 7,239,594,00 in revenue (financial measures) from the corporate accounting and school expenses accounting.

C A. On September 1, 201, the Defendant filed an objection against the instant corrective order, but the Defendant is above September 5, 201.

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