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(영문) 전주지방법원 2011.10.04 2010구합3289
학력인정지정취소처분등취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. B, located in Seojin-gu, Jeonjin-gu, Seoul, is a school-type lifelong educational establishment (hereinafter referred to as “accredited lifelong educational establishment”) designated by the Defendant as a facility to recognize the academic background of the graduation from a high school, and the Plaintiff was delegated by the former founder D on February 10, 2005 with the entire right to represent and operate B, and thereafter, he was appointed as the principal of B, on September 1, 2008 by the Defendant.

B. On December 7, 2010, the Defendant issued a disposition to revoke the designation of an educational attainment-accredited lifelong educational establishment on B pursuant to Article 42 of the Lifelong Education Act and to suspend the recruitment of students in the future, and to return KRW 131,50,000 in total, including KRW 84,00,000 that the Plaintiff embezzled from the school accounting, and KRW 47,50,000, which the Plaintiff received as repayment in the name of repayment, to B and the passbook of the school accounting (hereinafter collectively referred to as “each of the instant dispositions”).

- - Having school premises - 1) School buildings and school site management and operation (grounds of Disposition 1) - School buildings of academic career-accredited lifelong educational establishments to guarantee the right to learn by learners, (hereinafter the same shall apply);

(A) premises and land areas (hereinafter the same shall apply).

Although the school site of B is owned by the founder, the school site of B is state-owned and public land, and the school building is an unauthorized building, and there is reason for disqualification for the founder as the current manager does not obtain lawful succession to the establishment. - Since the building is worn out and worn out, and the building is located in a slope area, and there is a possibility of a student’s safety accident, it is inappropriate to be a place for educational activities. 2) Student life guidance (grounds for Disposition 2) - The principal of the school gave emotional distress to students by using verbal abuse and assault at the construction site for the management of school facilities.

- such a.

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